Full text of "[Provincial and state papers]"

6866

GENEALOGY COLLECTION

ALLEN COUNTY PUBLIC LIBRARY,

3 1833 01092 3354

Digitized by the Internet Archive
in 2013

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DOCUMENTS AND RECORDS

RELATING TO THE

PEOYINCE OF NEW-HAMPSHIRE,

FROM 1764 TO 1776;

Including the whole Administration of Gov. John Wentworth ; the Events immediately
preceding the Revolutionary War; the Losses at the Battle of Bunker
Hill, and the Record of all Proceedings till the end
of our Provincial History.

PUBLISHED BY AUTHORITY OF THE LEGISLATURE OF NEW-HAMPSHIRE.

VOLUME VII

COMPILED AND EDITED BY

NATHANIEL BOUTON, D.D.

Corresponding Secretary of the New-Hampshire Historical Society.

NASHUA:
ORREN C. MOORE, STATE PRINTER

1873.

NOTICE.

JOINT RESOLUTION", passed by the Legislature of New Hampshire.

Be&olved by the Senate and House of Representatives, in General Court
convened, That his Excellency the Governor be hereby authorized and em-
powered with the advice and consent of the Council, to employ some suitable
person, and fix his compensation, to be paid out of any money in the treasury
not otherwise appropriated, to collect, arrange, transcribe and superintend
the publication of such portions of the early State and Provincial Records,
and other State Papers of New Hampshire, as the Governor may deem
proper; and that eight hundred copies of each volume of the same be
printed by the State Printer and distributed as follows : namely, one copy to
each City and Town in the State, one copy to such of the Public Libraries of
this State, as the Governor may designate, two hundred copies to the New
Hampshire Historical Society, and the remainder placed in the custody of
the State Librarian, who is hereby authorized to exchange the same for
similar publications issued by other States.

Approved July 6, 1866.

EDITOR'S PREFACE.

1136866

It will be a sufficient recommendation of this volume, to notify
all who shall have occasion to examine it, that it contains all the
official records and documents found in the office of the Secretary
of State, relating to the administration of his Excellency John
Wektwoeth, Esq., the last of the royal Governors — a gentle-
man of distinguished ability and culture ; a patron of liberal
learning, the founder, by its charter, of Dartmouth College ; an
earnest adviser and promoter of internal improvements ; a true
friend to the Province, as well as loyal to his Majesty who gave
him his Commission. The volume also covers the exciting
and eventful period immediately preceding the Revolution, illus-
trating in many particulars the spirit and character of the people,
and by what careful and gradual steps they were led along to the
very foremost rank among the Colonies to assume government
and to make a Declaration of Independence. What adds
still more to the historic interest and value of this volume, is,
that it contains many particulars never before published, respect-
ing the Bunker Hill battle, in which the regiments commanded
by Col. John Stark and Col. James Reed took a conspicuous part.
The account herein given of "Losses in that battle," the Editor
is sure will be read and examined with intense interest, by all
descendants and relatives of the brave and noble men who had
the honor of being engaged in that glorious first-fight for Lib-
erty. Still more value is to be attached to the volume, by its
containing complete returns, in their original form, of the
Census of 1775.

IV EDITOR S PREFACE.

With an assurance of its intrinsic worth, as the closing portion
of our Provincial history, the Editor humbly submits this volume
to the public, and especially to his fellow citizens, the inhabitants
of New Hampshire.

P. S. Under the advice and direction of his Excellency, Gov-
ernor Ezekiel A. Straw, the editor has commenced the com-
pilation of Volume VIII, which, it may be expected, will contain
a complete documentary history of the part which New Hamp-
shire took in the American Revolution.

N.^B.

Concord, Dec, 1873.

GENERAL CONTENTS

VOLUME VII

Pages

Administration of Gov. Benning Wentworth— concluded,

1764-1767 ' 1-124

Records of the Council —1764-1774 1-24

Memorial of Eobert Rogers 1

Acts repealed by his Majesty 2

Settlement at Pigwacket 4

Expected arrival of Gov. John Wentworth ... 8
Orders relating to the small pox . . . . . 4, 18, 21, 23
Bounds of Hanover — Dartmouth College . . . .11,12

Ferry across Merrimack river, at Concord .... 12

Township near Lake Umbagog 14

Justices &c. appointed 15, 16, 17, 21, 24

1764. — Journal of the House, during the administration of Gov-
ernor Benning Wentworth . 26-123
Proclamation relating to the boundary between New York

and New Hampshire 26

Special Convention 27-31

Governor's Messages 28,31,36,46

Letter to the Earl of Halifax 28

Notice of Gen. Thomas Gage, note 29

Report of a Committee on the Governor's first message . 30

Answers to subsequent Messages 32, 38

Money to be burnt 32

Petition of Rev. Timothy Walker, relating to Bow, etc. . . 33-35

Bounty on Wolves 35

Acts passed 37

Taxes to be paid in species, — as valued 37

Report of Coni^ on War, and on Treasurer's ace* ... 39

Portsmouth Town meetings 40

Invoice of Weights and Measures 41

Committee on dividing the Province into Counties . . 42

Report of Committee on a new edition of Province Laws . 45

Message relating to Harvard College, note . . . . 46, 47

Violent storms interrupt the Assembly 50

GENERAL CONTENTS.

1765. — Governor's Message, relating to Harvard College

Action of the House '.hereon .

Acts passed — Assembly dissolved .
A New Assembly called and met.— Names

Governor's Messages

Answers of the House thereto .

Order of the King in Council, determinin

Pages,

. 53, 55

. 59, 60

. 61, 70, 75, 85

63, 00, 72, 74, 94

the boundary

between New York and New Hampshire, 1764

Rules of the House

Salary of the Chief Justice and other Justices
Report on the State of the Treasury
Act to restrain etc. excessive usury ....
Act to ascertain the value of coined silver and gold
Vote fixing the compensation of members, etc.

Taxes to be paid in species

Petition of John Gregg of Londonderry .

Acts passed

Notice of Richard Wibird, Esq. ....

Proceedings of the General Congress at New York . . 86

Petition of several Colonies to the Parliament of Great Britain

in relation to the Stamp Act, etc 87

Petition to the King, in relation to the Stamp Act etc. . . 89

Declaration adopted by the Congress at New York ... 91

1766.— Acts passed and assented to by the Governor . 97, 08, 112, 117

Governor's Speeches 99, 111, 114, 118

Answers of the House thereto 104, 115, 116

67, 70, 71

77
79
80
82
82
84

Letter from Secretary Con way, of England

Stamp Act repealed

Act for securing the dependency of the Colonies on the mother

Country

Notice of Peter Livius, and of George Meserve

Barlow Trecothick and John Wentworth, agents in England

Letter from Hon. Theo. Atkinson, to above said gentlemen

Taxes to be paid in species

Notice of Rev. Paine Wingate

Brewing and vending strong beer ....
Close of Gov. Benning Wentworth's administration

1767.— Administration of Gov. John Wentworth . . . 124

Commission, by bis Majesty, George III 124

Notice of Gov. Wentworth 124

Governor's Speeches 125, 146

Answers thereto by the House 126

Address of the House to the Governor 127

The Governor's response — the Council 128

Form of oath taken by Representatives 129

Division of the Province into Counties 130, 131, 133-142, 154, 160-162
His Majesty's f) Ul and II" 1 Instructions 132

100
102

102
104
105
106
107
107
105
116

GENERAL CONTENTS.

Vll

Inventory of Towns, to be taken — names .

Salary of the Governor settled ......

List of House of Representatives

1768. — Fixing places for holding Courts, discussion .

Bills passed and assented to

Governor's speech

List of rateable estates in towns ......

Census of New Hampshire, 1767

A New Assembly — Names of Towns and members

Rules of the House

Governor's speeches ...... 173, 174, 184, 187,

Answers of the House thereto

Paragraph of a letter by the Governor, recommending the
Division of the Province into Counties ....

Letter from the Earl of Hillsborough

Report of Committee on dividing Hampton Falls into two
Parishes .

Letter to Barlow Trecothick, Esq., agent

Letter to the Speaker of the House of Burgesses, Virginia .

Letter from the Earl of Hillsborough, (Extract)

Report of Committee for telling money to be burnt . • .

Road to the Great Cohass or Coos

1769.

- The Assembly newly convened — Council
Governor's Messages . . . . . . 198, 222, 228,

Answers of the House thereto 229,

Hon. James Nevin, notice of ....

Order in Council disallowing certain Acts

Acts approved and allowed by his Majesty

Division of the Province into five Counties . 200-206, 208

Pay of members of the Council and House

Execution of Ruth Blay, at Portsmouth, note .

Times and places of holding Courts . . .

Bills passed and assented to . .

Letter from Gov. Barnard, of Massachusetts, relating

boundary

Instruction (of his Majesty) relating to Province boundaries
Petition of certain towns relating to County bounds
Instruction (of his Majesty) forbidding Lotteries

1770.

-The Assembly newly convened .

Names of members of the House

A new edition of Province Laws . . 241,278,289,295

Theodore Atkinson, jun., Sec^, dec d , notice of .

Address to his Majesty

Letter to the Province agent, in London .
Correspondence relating to public affairs

Letter from the Speaker of the Virginia House of Burgesses

Pages.
143

146
149
154

164, 185
165
166

168-170
171
173

189, 191

178, 182

175
176

177
188
189
192
193
195

198

229, 232

230, 233
198

199, 200

200

-213, 228

201, 220
206

215, 220

221, 229

22
224
226
231

289
239, 240
318, 323

246
248, 249

250
250-256

250

Vlll GENERAL CONTENTS.

Pages.

Answer to the abovesaid letter 252

Second letter from Virginia by Peyton Randolph . . . 253

Resolves of the Virginia House of Burgesses .... 254

Answer to the second letter from Virginia .... 255

Letter from the Speaker of the House of Delegates of Maryland 255

Maryland Resolves 255, 256

Answer to the Maryland letter 256

Governor's Messages 257, 260, 264

Answers of the House thereto 262

Acts passed 258

Proclamation by the Governor 259

Proclamation by Admiral James Gambier, relating to deserters 259

Dartmouth College recommended . . 260, 262, 274, 275, 276, 314
Holland's Map of the Province of New Hampshire . . 264, 294

1771.— Governor's message, relating to the Militia .... 267

Act relating to calling Town Meetings 268

Condition of the Fort Wm & Mary 270

Plan of exercise for the Militia 271

Bills passed and assented to 273, 283

Governor's Messages 274, 279, 281, 285, 287, 289

Answers of the House thereto ...... 275, 282, 290

Memorial of Dr. Eleazer Wheelock 275, 276, 280

Salary of the Justices 275

Report of Committee on road through sundry towns . . 278

Road trom Wolfeborough to Dartmouth College . . . 283

Names of members of Council and of the Representatives . 285, 286
Memorial of Capt. John Cochran relating to the Fort Wm & 290

Mary 290

Rules of the House 292

1772.— Governor's messages 293,298,301,302,306

Answers of the House thereto 305

His Majesty's Instruction relating to a Survey of the Province 294

Grant to Gov. Wentworth for eminent services . . . 294

Bills passed and assented to . . • . . . 296, 309

List of Towns and Representatives 297, 310

Grievances of inhabitants west of Connecticut river . 29S, 299, 314
Pay of members of the Council and of the House . . . 301

Report of Committee on Excise 302

King's birth-day celebrated 303

Road from Conway to Connecticut river 306

Salary of the Justices 307

1773.— Thk Assembly newly convened 311

Governor's Messages 311,314,320

Answers of the House thereto 312

Petition of inhabitants of Orford 312

Petition in relation to County Courts 313

Dartmouth College recommended 314, 315

GENERAL CONTENTS.

Address to the Earl of Dartmouth on the difficulties of the
American Colonies

Petition of the House to the Governor for a Recess

Bills passed and assented to . .

The King's order forbidding the granting any more Lands

Richard Jenness, expelled from the House

List of Rateable Estates in the towns of the Province
Correspondence on public affairs

Letter from the House of Burgesses of Virginia

Proceedings of the House of Burgesses of Virginia

Resolutions of the House of Representatives of Rhode Island

Proceedings of the House of Representatives of New Hamp-
shire

Letter from Hon. J. Wentworth to Virginia House of Burgesses

Letter from Hon. J. Wentworth to House of Deputies Rhode
Island

Resolutions adopted at a meeting in Portsmouth .
1774.— The Assembly newly convened

List of Representatives

Governor's messages

Answer of the House thereto

Papers relating to the complaint made by Peter Livius against
Gov. John Wentworth

Report on the matter from the Lords Commissioners

Report of the Committee of the Privy Council

Letters from the Earl of Hillsborough to the Governor .

Gov. Wentworth to Henry Bellew, Esq

Statement of all transactions relative to lands, etc. .
Journal of the House — resumed

Petition of Andrew McMillan for courts to be held in Con-
cord, etc

Petition of James Breckinridge relating to lands west of
Connecticut river, etc. .

Letter from the Speaker of the House of Representatives in
Massachusetts to the Speaker of the House in New Hamp-
shire relating to the existing controversy .

Resolves of the Massachusetts House

Answer to the foregoing, by John Wentworth, speaker

Letter from the Speaker of Connecticut Assembly
Resolves

Answer to the foregoing, by John Wentworth, Esq.

Letter from the Speaker of the House of Assembly in Mary
land, with Resolutions

Answer to the foregoing by John Wentworth, Esq. .
A New Assembly Convened, — Journal of the House

Names of members returned

Governor's Messages . . . . . .361, 362, 366,

with

Pages.

315, 316
316

319, 324
320
321

326-329

329-334
330
330
331

331
332

332
333
334

334, 335

335, 336
349

337-367
337-339
340-342
343
344
345-347
348-

348

350

353
354
355

355, 356
356

357
358

359-
359

369, 380

GENERAL CONTENTS.

Pages .

Answers thereto 361, 379

South boundary line of New Hampshire .... 362

Correspondence with sister colonies 366

The assembly dissolved by Gov. Wentworth .... 369

Letter relating thereto to Earl of Dartmouth .... 369

1775. — Another Assembly Convened — Journal of the House . 370-

Names of members 371

Governor's Messages 372, 374, 375, 383, 385

Answers of the House thereto 374, 384

Rules of the House 373

House adjourned by order of the Governor .... 375

Memorial of Jacob Treadwell and others, relating to the
capture of a vessel with provisions, and action of the

Council thereon 375

Excitement of the inhabitants in Portsmouth and vicinity , 376

Another Memorial to the Governor and Council . . . 876

Letter frum II. Wentworth to Hon. Matthew Thornton . . 377

Report of Committee, relating to admission of new members 378

Resolution of House of Commons in England . . . 380

Letter from Gov. Wentworth to General Gage relating to

troubles in the Province 381

Letters from Gov. Wentworth to Theod. Atkinson . . . 382

Letter from Theo. Atkinson to Gov. Wentworth . . . 382

Letter from Theo. Atkinson to Gov. Wentworth . . . 387

Letter from Gov. Wentworth to Theo. Atkinson . . . 3S7

Letter relating to the ship-of-war Scarborough . . . 888

Further correspondence relating to the same .... 389, 390
Seizure of the schooner Ann, owned by Capt. Titus Salter . £90

Seizure of the Brigantine Sally, by British vessels . . . 391

Letter of Gov. Wentworth to Theo. Atkinson .... 393

Proclamation by the Governor, the last 393

Letter of Gov. Wentworth to his sister, Mrs. Fisher . . 394

Fac-Similes of Provincial Governors' signatures . . . 396-398

1774-5— Revolutionary Proceedings 399-

Organized action in New Hampshire, in the. Revolution . . 399

Speech of the Governor declaring the Assembly illegal . . 400
Letter sent to the several towns and parishes in New Hampshire

to eleet Delegates for a general Congress in Philadelphia 400

Day of fasting and prayer 401

Letter from Committee of Correspondence, Massachusetts . 401

Boston Port Bill 402-405

Letter from Committee etc., Boston, relating to other Bills

passed by Parliament . 406

Letter from lion. John Wentworth to Com tee of Mass a . . 406

Prockkdinus op First Provincial Congress .... 407-408

Landing of tea at Portsmouth 408

GENERAL CONTENTS. XI

Pages.
Letters relating to the landing of tea, etc., from Gov. Went-

worth to the Earl of Dartmouth 409-411

Address to the Inhabitants of the Province of New Hamp-
shire by Amicus Patrice . 412

Arrival of another cargo of tea 413

Proceedings of the Council in relation thereto .... 415

Francestown Resolves 417

Letters from Gov. Wentworth to the Earl of Dartmouth . 418, 419
Sending artificers to aid General Gage — proceedings at Roch-
ester thereon 419

Major Benjamin Thompson — petition ..... 419

Seizure of Fort Wm. & Mary — Letter from Gov. Wentworth 420
Letter from Capt. John Cochran, commander of the Fort . 420

Soldiers called for • . 421

Portsmouth Volunteers 422

Letter from Gov. Wentworth to Gen. Gage relating to the

seizure of the Fort, etc. . • 422

Letters to gentlemen in New York relating to the same . . 423

A Proclamation by the Governor 423

Exeter town meeting proceedings . . . . . 424

Epsom Resolves . . 425

Memorial of Capt. Titus Salter on sundry matters . . . 425

Association of the Continental Congress 426-430

Memorial of the Continental Congress to the Colonies . . 430-437
Address of the Continental Congress to the King . . . 437-441

1775.— Second Provincial Congress 442, 443

• Address to the inhabitants of the Province .... 443

Brentwood, resolves of Committee 444

Portsmouth Committee, recommendations .... 445

Plymouth town meeting, instructions to John Fenton, Esq. . 445

Durham Military Company 446

Hillsborough County Congresses

Amherst town meeting, delegates appointed .... 447

Names of delegates to the County Congress, and proceedings 447, 448
Another County Congress — call and proceedings . . .449,450
Letter from Hollis to Rev. Mr. Searle, clerk .... 450

Form of oath "in whigg and tory times " 451

Third Provincial Congress 452-

Names of Delegates . 452-455

Form of oath, notice of Hon. John Wentworth . . . 453

Col. Nath 1 Folsom appointed commander of New Hampshire

forces 454

Letter from Hon. John Wentworth, ill health .... 455

Letter from Provincial Congress of Massachusetts . . . 456

Massachusetts Committee of Safety, letter from J. Palmer . 457

Newburyport Committee of Safety, letter from Benjamin

Greenleaf 45&

Xll

GENERAL CONTENTS.

Letter from Doct. Hall Jackson to Col. Jeremiah Lee .
Letter fromJames Sullivan Esq. to Hon. Joseph Warren
•Letter from Maj r Andrew McClary, relating to the army
Letter from the Provincial Congress at Exeter to the Massa

chusetts Congress .......

Selectmen of Sanhornton to the Provincial Congress
Selectmen of Allenstown to the Provincial Congress
Londonderry town meeting proceedings ....

Letter from a gentleman in New York to Committee in Ports

mouth, relating to the " Spirit of the times " .
Letter to Massachusetts Committee of Safety, relating to mails

from England

Letter from Provincial Congress of Massachusetts to the Con

gress of New Hampshire relating to British oppression
Letter from same relating to supplies for the army .
Recantations of P. Bailey, James McMaster and Thomas

Archincloss

Portsmouth Town meeting, May 15, 1775

1775— Fourth Provincial Congress, May 17, 1775
Names of Deputies — towns, attendance, &c. .

Rules adopted

Letter from Committee of Portsmouth, relating to
Letter from True worthy Lack! who offers service
Letter from the town of Alstead, a Committee

pondence

Letter from Committee of Marlow — apologetic

Post office established at Portsmouth — messages to Albany

to procure arms and powder ...
Letter from Col. John Stark to Provincial Congress
Resolves of Provincial Congress of Massachusetts, and

Application to the Continental Congress, for assuming

Government

Resolutions on raising forces and means of defence .

Thanks to those who took away powder from Fort Wm &

Mary. Committee of Safety, etc

John Akerman — suspected and tried

Col. John Fenton's letter to inhabitants of Grafton County .

Letter of N. II. Congress to John Sullivan and John Langdon

Letter of N. H. Congress to the Continental Congress

Letter from Moses Emerson, Commissary

Instructions to Committee of Safety

Letter to Col. John Fenton, requiring him to explain

Col. Fenton's answer

Massachusetts 1 Resolves relating to Post offices and Enlistments
Letter from Col. John Stark to New Hampshire Congress
Letter from Hon. Joseph Warren to the same ....

masts

of Corres

Pages.
459
459
460

461
462
463
463

463

464

465
465

466
467

468-

468-^70
471
471
471

472
473

473

476

475, 476
477

478
479
480
481
482
484
485
485
486
486
487
488

GENERAL CONTENTS.

XU1

Letter from Gov. Trumbull of Connecticut, relating to the

fortress at Ticonderoga — Col. Ethan Allen

Letter from Connecticut Committee

Resolution of Continental Congress, relating to Ticonderoga
Condition of New Hampshire, represented to the Continental

Congress . . . . \

Recantation of Ebenezer Loverin ....

Col. John Stark sent for — letter to Gen. Ward

Letter from Meshech Weare on guarding the sea-coast

Committee of Correspondence at Hampton, etc., on the same

Petition of Joseph Kelley, relating to Maj. Hobart

Address by the Provincial Congress to the Inhabitants of

New Hampshire

Address to the New York Congress .
Letter to the Massachusetts Congress
Letter to the Continental Congress, relating to the demolition

of the fortress at Ticonderoga .
Letter to the New Hampshire delegates, at Philadelphia, on

the same subject

Letter from Provincial Congress of Massachusetts .
Reasons for demolishing the fort at Ticonderoga
Committee of Portsmouth to the New Hampshire Congress
John Stark appointed Col. of the First Regiment .
Defence of western frontiers — day of fasting and prayer
Letter from Charles Johnston to New Hampshire Congress

asking for aid on the frontiers .
Town meeting in Conway — votes passed
Oath to be taken by all officers and soldiers
Declaration of John Prentice ....
Letter from Nath 1 Shaw respecting powder
Letter from Col. James Reed in favor of Capt. Colburn
Letter from Thos. Hart to the Provincial Congress
Address of the Provincial Congress to Gov. Wentworth
Paper money — plates — form of notes .
Address respecting lenity to debtors ....

Correspondence —

Letters from Hon. John Hancock, relating to powder, means

of defence, etc.

Letter from Andrew McMillan, of Conway, asking assistance

list of Conway men, etc

Letter from Capt. Zaccheus Clough, declining office
Committee of Safety at Henniker, relating to Joseph Kim

ball, Esq. .

Letter from New Hampshire Committee of Safety relating to

designs of General Gage

Letter from Massachusetts Provincial Congress to New Hamp

shire Congress, relating to Canada and the Indians .

Pages

490
491

492
492
493
494
495
496

497

499

500
501
501
502
503
503

503
504
505
506
507
508
509
509

510, 511
511

512-534

512

513, 514
514

515
515
515

XIV GENERAL CONTENTS.

Pages.

Reply to the application for aid from Conway .... 516

Col. James Reed's Regimental Orders, June 14, 1775; Return

of Col. Reed's regiment, June 14; letters of Col. Reed to

New Hampshire Committee of Safety ; Regimental orders,

June 15, and letters from Lt. Col. Gilman and Moses

Emerson, Commissary 516-519

Rations as stated by the Colony of Massachusetts . . . 519
Letters relating to the battle at Bunker Hill, June 17, 1775,

from Col. Josiah Bartlett 520

Benjamin Greenleaf 520

Massachusetts Congress — and answer to the same 521

James McGregore 522

Col. John Stark, with return of killed and wounded 522

Job Bradford 523

Letters from Sam 1 Cutts, pertaining to supplies . . . 523, 524

Resolution of Congress on sending forces to Boston . . 524
Letter from New Hampshire delegates in Congress on the

appointment of General Washington to command, etc. . 524

Letter relating to the state of affairs in Canada, the Indians etc 525
Letter from Rev. Samuel Webster, in favor of Isaac Howe,

Quartermaster 528

Letter from Gen. Nathaniel Folsom relating to the Bunker
Hill battle, with return of killed and wounded in Col.

Reed's regiment 527, 528

Letter relating to Col. John Stark 528

Letter asking for heavy artillery 529

Letter relating further to Col. John Stark .... 530
The Committee of Safety to Gen. Folsom, and to Moses Em-
erson, commissary 531

Letter from Gen. Folsom to Committee of Safety ... 531
Letter from Committees in Lebanon and Hanover relating tc

Canada 532

Letter from Governor Trumbull of Connecticut relating to

Indians, etc 582

Letter from Hon. John Hancock to New Hampshire Congress 533
Speech of the Chiefs and Warriors of the Oneida tribe of

Indians to the Governors of New England .... 533, 534

Journal of the House — resumed 535

Complaint of Committee of Mason, against Jason Russell and

John Tarbell 535

Action of the House in relation to deserters, etc. . . . 536
Rules and Articles of War for the Army raised by New

Hampshire 538-543

Col. John Fenton declared to be an Enemy to his Country . 543, 544

Notice of Col. Alexander Seamme] 543

Notice of Col. Timothy Bedell 544

Proclamation for a day of Fasting and Prayer .... 545

GENERAL CONTENTS. XV

Pages.
Letter to the Massachusetts Congress, relating to Canada,

with a letter from Dr. Eleazer Wheelock .... 547

Form of Notes for paper money 550

Public Kecords — Letter from Hon. Theo. Atkinson . . 552

Correspondence 555-574

Letter from Moses Emerson, Commissary .... 555

Letter from Committee of Supplies 555

Letter to Gen. Folsom, respecting Col. Stark and Maj. Hobart 556

Letter from Gen. Folsom, to Committee of Safety . . . 556

Letter from Committee to Col. Eeed 557

Letter from Hon. John Langdon to Matthew Thornton, Esq. 558
Orders of Committee of Safety to Capt. John Parker and

Ens. Seth Wheeler 559

Committee of Safety to the Delegates in Continental Congress 559

Letter to Rev. Dr. Langdon, about forwarding letters, etc. . 560

Letter to Continental Congress, by Meshech Weare, Esq. . 561
Orders of Committee of Safety respecting deserters . . 561, 562

Letter from Massachusetts Provincial Congress . . . 562
Letter from Rev. Jeremy Belknap, declining to serve as

Chaplain 562

Application from Massachusetts for cannon shot . . . 563

Francestown Committee, — legal 553

Hillsborough Committee relating to John Quigley . . . 563
John Quigley's declaration — Francestown Committee . . 564
Letter from Col. James Reed, respecting an Adjutant . . 565
Letter from Gen. John Sullivan, about the wants of the army 565
Letter from Hon. John Hancock, with Resolutions, concern-
ing organizing the Militia, etc 566, 567

Letter from Committee of Hillsborough to Gen. Sullivan, of

congratulation, and the General's answer .... 568

New Ipswich Committee of Inspection 569

Letter from Col. John Hurd, introducing an Indian from

Canada 569

Letter from Capt. Timothy Bedel to Matthew Thornton, Esq.

and orders from Committee of Safety to Capt. Bedel . . 570

Letter from Gen. Washington to Committee of Safety . . 571
Letter from Gen. Sullivan to Committee of Safety and from
Committee of Safety to Gen. Schuyler recommending Capt.

Bedell for a Colonel 572

Letter to Major Cilley, relating to Powder .... 573

Letter to Col. Bedel, on joining Gen. Schuyler . . . 573

Letter from Rev. Stephen Peabody, accepting a Chaplaincy . 574

Journal of the Provincial Congress — resumed . . . 575

Josiah Bartlett, delegate to Continental Congress . . . 575

The Militia to be formed into Regiments, and officers appointed 575-577

Report of Portsmouth Committee on Fortifications . . 580

Letter to General Sullivan, for Powder, etc 581

Letter from General Sullivan at Winter Hill .... 581

XVI

GENERAL CONTENTS.

Regulations for the Militia in the Colony
Losses at Bunker Hill, June 17, 1775 (1) .
Col. Stark's Regiment, Captains
Col. Reed's Regiment, Captains
Losses in Capt. Henry Dearborn's company — i
Losses in Capt. Daniel Moore's company
Losses in Capt. Joshua Abbott's company
Losses in Capt. Gordon Hutchins' company
Losses in Capt. Aaron Kinsman's company
Losses in Capt. Elisha Woodbury's company
Losses in Capt. Samuel Richards' company
Losses in Capt. Thomas McLaughlin's company
Losses in Capt. John Hale's company
Losses in Capt. Hezekiah Hutching's company
Losses in Capt. Jacob Hind's company ,
Losses in Capt. Levi Spalding's company
Losses in Capt. Ezra Town's company
Losses in Capt. Jonathan Whitcomb's company
Losses in Capt. William Walker's company
Losses in Capt. Philip Thomas's company
Losses in Capt. Benjamin Mann's company
Losses in Capt. Josiah Crosby's company
Losses in Capt. John Marcy's company .
Receipts and orders for ....
Losses of Major Andrew McClary (killed)

Guns lost at Bunker Hill, June 17, 1775.
Capt. H. Dearborn's Comp a
Capt. Daniel Moore's "
Capt. Abbott's "

Capt. Gordon Hutchins "
Capt. Kinsman's
Capt. Hind's
Capt. Spaulding's
Capt. Ezra Town's
Capt Whitcomb's
Capt. Wm. Walker's
Capt. Thomas 9

Names of men belonging to Portsmoutl
Shortridge's company

Hollis, at the battle of Bunker Hill, losses, names
Dunbarton men and losses ....

Journal— resumed

Spirituous liquors, vote respecting .

Plan lor representation of this colony

Sigh prices Of goods forbidden — minute men

Capt. Woodbury's Comp a
Capt. Richards' "

Capt McLaughlins' "
(apt. IT. Hutching's "

of soldier

Pages.
58&
586-604
586
586
587
587
587
587
587
58&
588
588
588
589
590
591
592
593
594
594
595
596
596
597
598

Comp

Capt. Mann's

Comp a

Capt. Crosby's

Capt Marcy's

Capt. Hale's

Capt. Reid's

599

in Capt. Richard

600

600-601
601-604
604
605
606
606
607

(l)The mums of the soldiers herein given are not repeated in the Index.— Eu.

p.\

GE8.

010

01 1

612

014

015

010

GENERAL CONTENTS. xvii

CORRESPONDENCE

Letter from delegates in Continental Congress,

Letter from Col. Israel Morey, relating to Col. Bedell

Letter from delegates in Congress, relating to Col. Fenton

Letter from Gen. Sullivan to Committee of Safety,

Letter from Committee of Safety to Gen. Sullivan, relating to

eomplaints of New Hampshire troops ....
Petition of field officers for blank commissions
Letter from delegates in Congress on assuming government .
Letter from Gen. Sullivan to the Committee of Safety .
Letter from Portsmouth Committee to Gen. Washington and

Washington's answer, relating to a vessel loaded witli

flour 611

Letter from Portsmouth Committee, on same subject,
Letter from New Hampshire Committee on same subject,
Letter from General Washington on same subject . . . 018, 620
Letter from Portsmouth Committee asking aid . . . 020

Letter from Col. Morey, relating to the siege of St. Johns . 021

Doct. Benjamin Church, suspected of treachery . . . 022

Letter from delegates in Congress on guarding the sea coast, etc
Dangerous persons to be arrested . . . . . . 023

Letter from Committee of Safety to delegates in Congress,

relating to the vessel loaded with flour,
Form of enlistment for minute men ..... 024

Letter from Col. Timothy Walker, jun., on visit to Gen.

Washington,
Letter from Matthew Thornton to Committee of Safety . . 02;»

Letter to the Committee of Safety, Portsmouth, relating to

provisions for Isles of Shoals,
Letter to Portsmouth Committee on a vessel to Antigua . 020

Letter from Gen. Sullivan respecting vacancies, etc., to he

filled,
Return of vacancies in Col. Stark,* s regiment,

Return of vacancies in Col. Reed's regiment .... 027

Return of vacancies in Col. Poor's regiment,
Col. Jona. Moulton accepts his appointment,
Lt. Col. Chris'' Toppan declines,

( )rder of Continental Congress relating to naval losses, etc. . 62&

Letter from H. Wentworth to Gen. Washington, asking aid,
Major Jona. Hale resigns his commission in favor of Cok

James Bailey . 62tfc

Orders to Maj. Thomas Bartlett respecting powder,

Order of Continental Congress relating to exports . . . 630

Letter from New Hampshire delegates in Congress, relating to

the Flour-ship, defences at Portsmouth, powder, paper

money, and assuming government ..... 6Si

Defence of Portsmouth harbour.
Account of labor on Fire-rafts ....... 6&&

XViu GENERAL CONTENTS.

Page*.
Account of labor foT pitch-wood, etc.,
Capt Win. Cooper recommended lor tva£es,

Memorial oi' Gen. Sullivan to Committee of Safety . . . 63$

Letter troui Committee of Safety to Gen. Sullivan . . . 0'54
Letter from Dr. Hail Jackson on compensation for services.
Letter from Gen. Sullivan to Gen. Washington on defences at

Portsmouth, and about tories 635

Letter from Adj' Gen. Gates to Gen. Sullivan . . . • . 636

Letter from Col. Bedel, on Biege and capture of St. Johns . 037

Journal of tux Conobess — resumed.

Report of Committee on raising money, minute-men, dissatis-
faction with Geo. Jaffrey, Treas r , and letter from and

reply to ... , 638-64G

Letter from Gen. Sullivan to Provincial Congress

Letter from Col. Joshua Wingate on defence of Portsmouth . (340

Letter from delegates in Continental Congress relating to

assuming government , (541

Resolution of Continental Congress respecting assuming gov-
ernment in New Hampshire,
Resolution of Congress respecting trade ..... <>4:J

Resolutions of Congress respecting manufacture of guns pun-
ishment of deserters, power to impress when necessary,
for making saltpetre-, and relating to the army before

Boston 04:), 641

Votes relating to electors, qualifications for representatives,

towns and parishes to he represented,
Petition of Soldiers in East Kingston, against Col. Jacob Gale 645

Report of Committee on said petition 646

Votes relating to fortresses, etc., for defence of Piscataqua
harbour, pay of soldiers in service, &c, officers appointed
to command, against exorbitant prices by butchers, etc. . 047. 648
Petition from Londonderry relating to appointment of military

officers,
Letter from Dr. Hall Jackson relating tomilitary stores, etc. . 040

Letters relating to defence of Piscataqua harbour, and orders

for Col. Burnham 650

Letter from General Washington to Gen. Sullivan relating to

Gen. Howe's proclamation, and to tory-officers,
Letter irom Dr. Hall Jackson, on pay for services . . . (552
Letter from Hon. Josiah Bartlett, on making salt-petre . . 653
Letter from Portsmouth Committee on pay to Dr. Jackson . 654
Votes respecting taverners and retailers, deserters, and ap-
pointment of a Committee to bring in a Plan for Repre-
sentation*, etc. . 055

Letter relatiug t<» Enlistments, officers, etc 050

Report of Committee on Plan of Representation — towns and

places to be represented 657-660

GENERAL CONTENTS. xk

Pages.

Voles -—of thanks to Gen. Washington, names of persons
inimical to the country to be sent to the Congress or
Committee of Safety, report of Committee and action on
individual cases of disaffected persons, regard to be paid
to newly appointed officers in towns 661-664

Roll of Delegates or Representatives hi the Fourth Provincial

Coagress 665-669

CosEESPONBEsroE ..*«...,., 670-689

Letter to Col, Bedell,

Letter to Gen. Schuyler ......... 670

Petition of Margaret Little : Report of Committee thereon . 67 i

Letter to N. H. Delegates in Continental Congress — Number

of the inhabitants returned ...... 672

Relating to George Meserve,

€apt. Thompson to Portsmouth Committee, about fire-rafts,

Letter from Capt. Winborn Adams ...... 673

Letter from Josiah Eartlett to Committee of Safety,

Resolutions of the Continental Congress, on bounties to soldiers 674

Letter from Gen. Sullivan, relating to Connecticut soldiers,

and to re-enlistments 675

Form of Enlistments, with another letter from Gen. Sullivan 676

George Jaffrey recommended to favor,

Officers recommended for Companies ..... 077

Letter from Gen. Sullivan about Connecticut soldiers,

Orders to Col. Hobart and Col. Timothy Walker, as paymaster 678

Form of Enlisting Orders,

Form of Enlistment,

Letter to Col. Hobart, relating to raising troops » . . 679

Letter to Col. Walker, on the same,

Letter from Rev. Eleazar Wheelock to Gen. Washington, re-
lating to Major Robert Rogers 680

Letter from Gen. Sullivan to Committee of Safety, urging
dispatch,

Letter from Josiah Bartlett, Esq., on money granted by

Congress 681

Resolve of Continental Congress appropriating $40,000 to
New Hampshire,

Letter to Gen. Sullivan on enlistments . . . . • . 682

Orders to Col. Burnham,

Letter from Gen. Folsom to Committee of Safety . . . 683

Letter from Gen. Washington, relating to Capt. Richard Emms,

Letter from H. Wentworth, Esq., on the same,

Letter from Hon. John Hancock, urging enlistments . . 684

Letter from Gen. Sullivan, commanding New Hampshire

soldiers 685

Letter from Gen. Sullivan on a plan of government (1) 685-688

(1) So far as appears from the records, the honor of first proposing or drawing up a dis-
tinct plan of government for New Hampshire, must be awarded to General Sullivan.— En.

XX GENERAL CONTENTS;

PACftsm
Petition of John Evans to Committee of Safety,

Answers of Committee to said petition fiS.s

Letter from Gen. Washington ....... 689

Fifth PROVINCIAL CONGRESS . 000-

Names and places of members , . 890-693

Certificates of election required 094

Tories confined to certain places 095-

Orders to Samuel Hobart and Timothy Walker jun . . . 698
License for a vessel to transport cattle, etc. , to Passamaqnoddy,
Letter from Co). Samuel Hobart about soldiers' pay . . 090
Letter from General Sullivan commending New Hampshire

troops; Col. Bruman . , 700

Portsmouth Memorial, relating to high prices .... 701

Instructions to Portsmouth representatives in .Provincial

Congress 701, 702

Resolution of Continental Congress on arrests of soldiers for

debt, etc.,
Committee to draw up a plan of government and to bring in

a draft for a new constitution 700, 704

Importing corn from Maryland,

Persons in Claremont inimical to the country . . . . 706

Letter to Gen 1 Washington relating to Col. Hobart's treatment

by Col. Stark , 707

Answer to said letter 70S

Instructions to Capt. Titus Salter 700

Proposal to remove inhabitants from the Isles of Shoals —

Report thereon 700,710

Mis< ku.ankous Documents 711-717

Survey, made by James Grant, 1773 or 1774, between the

upper part of Connecticut river and the river St. Francis 711

Report of a Committee relative to the town of Conway and

the north line of New Hampshire 712-714

Report of Massachusetts Committee on the same . . . 714

Letter of Walter Bryant to Rev. Dr. Belknap, relating to the

same subject 715

Muster Roll of Capt. Archelaus Towne, 1775 .... 717

Attack oh Quebec, Dec. 31, 1775 718-72S

Letter from Col. Donald Campbell to Gen. Wooster . . 718

Letter from Col. B. Arnold to Gen. YVooster .... 710
Letter from Gen. Wooster to Gen. Schuyler .... 720
Letter from Gen. Wooster to Col. Warner .... 721
Letter from Gen. Schuyler to Gen. Washington . . . 722
Rateable Polls In New Hampshire. 1742-1778 .... 72:>
CENSUS of New Hampshire. 1775, [see Index at the end] with order

of the Provincial Congress ....... 724-770

Population in the several towns ...... 780-7SI

GENERAL CONTENTS. xxi

Karnes of his Majesty's Council during the Administration of
Gov. John Wentworth, from 1767 to 1775.

[Some of the persons here named held office under Gov. Benning Wentworth.]

THEODORE ATKINSON, Sen.

DANIEL WARNER.

MARK HUNKING WENTWORTH,

JAMES NEVIN.

THEODORE ATKINSON, Jun.

NATHANIEL BARRELL.

PETER LIVIUS.

JONATHAN WARNER.

DANIEL RINDGE.

DANIEL PIERCE.

GEORGE JAFFREY.

DANIEL ROGERS.

PETER GILMAN.

THOMAS W'k WALDRON.

JOHN SHERBURNE.

JOHN PHILLIPS. (1)

GEORGE BOYD. (2)

(1) It does not appear from the records that Mr. Phillips ever sat in the Council.— Ed.

(2) He left the State, and was proscribed by the Act of 1778.

NEW-HAMPSHIRE

PROVINCIAL PAPERS,

VOLUME VII

RECORDS OF THE COUNCIL

NOTE BY THE EDITOR.

The "Records of Council" which follow, are in continuation of said
Records in Volume VI., p. 634. It is matter of regret that there is a chasm
in these Records of about five years and a half, including a large part of the
administration of Governor John Wentworth, i. e., from July 30, 1767, to
December 22, 1772. It is probable that the original Records and Minutes of
Council in this period were forwarded to the Lords of Trade and Plantations
in England, during the trial of the complaint and charges made against the
Governor by Peter Levius, Esq., in 1772. The Records also are wanting
after January 14, 1774 — before the close of Governor Wentworth's adminis-
tration.

At a Council holden at Portsra by his Excellencys sumons on
Monday, June 25 th 1764.

Present
His Excelency the Govern 1- .
Theodore Atkinson 1 James Nevin )

Rich d Wibird I ^ Theod r Atkinson jun r V Esqs.

Dan 11 Warner >^sqs. Nath u Barrell j

Joseph Newmarch J

His Excelleney ordered the Secretary to read the memorial of
Maj r Robert Rogers Lieut James Tate & others setting forth that
they were officers in his Maj tys pay during the last war & were dis-
band &o. & praying that agreeable to his Majestys Proclamations
they might [be] granted within this Government such tracts of land
as in the s d Proclam a were specified And then asked if the Coun-
cil would advise him to make such grants to which they did advise
as also to any other officers or soldiers that should apply if within
the directions of the s d Proclam* —

2 PROVINCE OF NEW-HAMPSHIRE. [1765.

At a Council liolden at Portsm by his Excellencys sumons on
Fry day March 1 st 1765.

Present
His Excellency the Govern 1 "
Theod r Atkinson ) Theodore Atkinson Jun r } ^

Ricli d Wibird [■ Esqr 8 . Nath 11 Barrell j JJjSqiS *

James Nevin )

His Excellency laid before the Board a letter he rec d from the
Lords of Trade signifying his Maj tys pleasure in the repeal of the
following sixteen Acts passed the Legislature in this Prov r viz —
An Act entitled an Act for making a partition & division of cer-
tain lands therein mentioned.

2 d An Act for vacating the division & settlement of the real
estate of Robert Thompson & ordering a new division —

3 d An Act to enable Zacheus Clough to sell & convey a certain
parcel of land therein mentioned for the ends therein declared —

4 th An Act to settle the title of certain lands therein men-
tioned —

5 An Act to enable Abigail Hale to sell a certain tract of land
therein mentioned —

6 An Act to prevent the killing wild deer at unseasonable
times —

7 An Act for altering the times appointed by law for holding
the several Courts of Justice & other matters relative to the busi-
ness of said Courts therein mentioned —

8 An Act to impower authorize *& enable Jonathan Thompson
of Durham in the Province of New Hampshire yeoman and his
wife Susannah who is administratrix to the estate of Samuel
Thompson late of Durham afores' 1 yeoman deceased intestate to
make a deed of certain lands in Durham aforesaid unto Robert
Thompson of Durham aforesaid yeoman —

9 An Act to enable Thomas Millit Esq r to execute a Deed of
Conveyance of certain lands therein referred to as a trustee & to
make such Conveyances good & for other purposes therein men-
tioned —

10 An Act to enable John GrifFeth & George Huntress to make
sale of a lot of land and a small house thereon situate in Ports-
mouth —

11 An Act for making partition of certain lands therein men-
tioned

1 2 An Act to enable Obediah Tibbets a minor to make an ex-
change of lands as therein set forth.

13 An Act for ascertaining the title to & preventing disputes
about certain lands in Durham in this Province herein after men-
tioned —

14 An Act to enable Joseph Jackson to sell certain lands
therein mentioned ami directing how the money raised by the sale
should be applyed

1765.] RECORDS OF THE COUNCIL. 3

15 An Act to authorize Mr. Jeremiah Fogg as Guardian to
Daniel Fogg his nephew to sell part of his land for his support at
College —

16 An Act to enable Charles Banfield & others to revive a suit
at law with Rich d Wibird Esq.

At a Council holden at Portsm (by his Excellencys sumons) on
Wednesday April 24, 1765 —

Present

His Excellency the Governour —

Theod r Atkinson ) ™ James Nevin ) F f „ «

Rich d Wibird J^ Theod r Atkinson}^ 8 ol ^ <- ouncll «

M. He Wentworth

His Excellency (by the Secretary) desired the advice of the
Council whether the calling of a new Assembly might be for his
Majestys service and at what time the Council did advise the cal-
ling a new Assembly & as soon as conveniently might be.

At a Council holden at Portsm by his Excellencys sumons on
Thursday May 23 d 1765

Present

His Excellency the Govern 1 "

Theodore Atkinson ) Theod r Atkinson jun r ) ™ rs

Daniel Warner y Esqrs Nath 11 Barrell

James Kevin

His Excellency laid before the Board his Majestys Mandamus
appointing Peter Levius Esq one of the Council for this Province
agreeable to which he was admitted took the oaths appointed in-
stead of the oaths of allegiance & supremacy & oath of a Coun-
cillor and took his place at the Board accordingly.

At a Council holden at Portsm by his Excellencys sumons the
1 st day of June 1765

Present
His Excellency the Govern 1
Theodore Atkinson ) Theodore Atkinson jun r > Esq rs of y e

Daniel Warner V- Esq ra Nath 11 Barrell \ Council

James Nevin )

Capt. Bell Commander of Fort Wm & Mary at New Castle
laid before the Board an information in writing of Joseph Mead

4 PROVINCE OF NEW-HAMPSHIRE. [1765.

Commander of the Briganteen Fardinand lately arrived from Tor-
tuga & St Croix setting forth that his crew were all well & his
cargo salt & rum that the cloaths & bedding were not clear of in-
fection of the small pox and it appearing to the Board that some
of the crew had had the small Pox in their voyage after the vessell
left Tortuga & it being necessary to have the vessell & c well
clensed before any person is permitted to come on shore & c

Therefore Ordered that take the first safe opportunity to move
his vessell near the Pest-House Island there to be surveyed &
properly cleansed & not suffer any person or any goods to come
from s d vessell nor permit any person to go on board without a
perticular Permit from the selectmen of Portsm who are hereby
directed to order the proper cleansing <fcc & to make report to his
Excellency the Govern 1 " of their doings herein.

At a Council holden at Portsm according to his Excellencys
sumons on Monday Septemb r 30 th 17G5

Present

His Excellency Benning Wentworth Esq Govern 1,

Theodore Atkinson ) Theodore Atkinson jun r ) ^ n

Daniel Warner [ Esq rs Peter ^Levius } sc *

Nath 11 Barrell )

The Secretary read at the Board by his Excellencys order the
petition of Daniel Foster & others his associates praying a grant
of a tract of land for a township of the contents of about six
miles square bounding on the northern line of this Province at a
place called Pigwacket tfcc & also produced a plan of the said
township as the same had been surveyed by Walter Bryant jun 1 '
Surveyor. And then asked the Council if they advised his Ex-
cellency to issue a patent agreable to the said petition & plan to
which the Council did advise and consent.

At a Council holden at Portsm by his Excellencys sumons on
Sunday March 23 <l 1766

Present

His Excellency the Govern'

Theodore Atkinson ) Theodore Atkinson jun r ) ™ rg

Dan" Warner [ Esq" Peter Levins j Sq

M k Hk Wentworth )

The President by his Excellencys order read at the Board a let-
ter from Meshed) Wear giving an acco 1 of an information he rec d
of an intent of some ill-disposed persons inhabitants of Kings-

1766.] RECORDS OF THE COUNCIL. 5

town Sandown & parts adjacent had to make a breach in the goal
& liberate the prisoners & then asked the Council what they ad-
vise should be done in the premisses.

The Council taking the premisses under consideration advised
that a proper guard should be placed at the prison that the guard
be well armed with orders to defend the goal & keep the prison-
ers therein confined safe and secure & at all events not to suffer
any breach or forcible entry into any parts of the s d Goal.

That to prevent the first intended insult from taking any effect
'tis advisable that expresses be sent to his Majestys Justices in that
quarter to make enquiry into the premisses & to apprehend any
suspected persons to have been concerned in that affair.

At a Council holden at Portsm by his Excellencys sumons on
Wednesday June 25 th 1766— .

Present
His Excellency B Wentworth Esq Govern 1 "
Theodore Atkinson ) -^ rs Theodore Atkinson ) -™ r8

Dan 11 Warner / ^ Peter Levins j ^ Sq

His Excellency acquainted the Board that he had rec d his
Maj ty3 Mandamus for admitting & swearing Jon a Warner Daniel
Rindge Daniel Pierce & George Jaffrey Esqrs as members of his
Majestys Council who attended in the Council Chamber respec-
tively took the oaths appointed instead of the oaths of allegiance
& supremacy & also the Councillors oath & then took their places
at the Board accordingly.

At a Council holden at Portsm by his Excellencys sumons July
2 d 1766.

Present
His Excellency B. Wentworth Esq Govern 1 ".
Theodore Atkinson ] Peter Levius

Dan 11 Warner ! -™ n Jon a Warner

Theod r Atkinson Jun r ( m< * Daniel Rindge

Nath 11 Barrell J Dan 11 Pierce

George Jaffrey

The petition of Doctor Joshua Bracket praying an allowance
for his ace* for attending on John S win son an indigent person
lately arrived in this Province from North Corrolina & also for
sundry bills board &c read & ordered to lay under consideration.

Esqrs.

6 PROVINCE OF NEW-HAMPSHIRE. [1766.

At a Council holden at Portsm by his Excellencys sumons on
Fryday July the 11 th 1766.

Present
His Excellency B. Wentworth Esq Govern 1 .

Theodore Atkinson } Peter Levius ) &

Theodore Atkinson Jun r > Esqrs. George Jaffrey ) ^

Nath 11 Barrell )

His Excellency acquainted the Board that he had received his
Majestys Mandamus appointing Henry Sherburne Esq to be ad-
mited & sworn of his Majestys Council for this Province & ac-
cordingly the said Sherburne took the oaths appointed to be taken
instead of the oaths of alegience & supremacy and also the oath
usually taken by his Majestys Council & took his seat at the Board
accordingly.

At a Council holden at Portsm by his Excellencys sumons on
Tuesday October 17 th 1766.

Present
His Excellency B. Wentworh Esq Govern r

Theodore Atkinson
Dan 11 Warner

Dan 11 Rindge
Daniel Peirce

M k Hunk" Wentworth }■ Esqs. Henry Sherburne

Theod r Atkinson Jun r George Jaffrey

Jon a Warner J

His Excellency acquainted the Board that he rec d an ace 1 of a
loss sustained by Jon a Moulton Esq r by a barn he had burnt at
Hampton Falls & that its suggested that some ill disposed person
was suspected to set fire to said barn & asked the Council wether
they would advise to the issueing Proclamation & offering there-
in a reward to any person that would inform the authority of any
person concerned therein & what sum they tho* expedient to be
inserted in the s d Proclam a to which the Council did advise & pro-
posed the sum of one hundred pounds Proclamation money.

At a Council holden at Portsm by his Excellencys sumons on
Thursday October 19 1766.

Present
His Excellency B. Wentworth Esq. Govern 1

Theodore Atkinson Jon a Warner )

i/;m >\;;iiut i -™ Ullll" JTeilCU >

Theodore Atkinson Jun r f ^ S( l s ' George Jaffrey )

Dan 11 Warner i ^^ Dan 11 Peirce V Esqs.

Peter Levins J

The Council took under consideration the petition of Doctor
Bracket as entred the 2 d .Inly last & having heard what the peti-
tioner bad to offer to enforce his petition & the question being

1767.] RECORDS OF THE COUNCIL. 7

put wether his demand ought to be paid & it passed in the nega-
tive & accordingly the petition was dismissed.

Resolved that 'tis highly reasonable that y e Govern 1 " & Council
should (when sitting in General Assembly) have prayer performed
each forenoon in order to which the Council made choice of the
Reverend Mr. Arthur Browne as Chaplaine and the Hon ble Jon a
Warner & George Jaffrey Esqrs were nominated & appointed to
wait upon Mr. Brown & to acquaint him of his appointment & do
desire his attendance & to report thereon who reported that Mr.
Brown would accept the fav r & attend the duty.

At a Council holden at Portsm by his Excellency s sunions on
Fryday Decemb r 5 th 1868.

Present
His Excellency B. Wentworth Esq Govern 1
Daniel Warner > Dan 11 Rindge V™ , « ,

Theodore Atkinson >• Esqs. Henry Sherburne > p* " -i

Peter Levius ) George Jaffrey ) l nci '

The Secretary by his Excellencys order laid before the Board a
letter he rec d from Governor Barnard dated the 2 d Ins* giving an
ace* & description of one Joseph Andrews a Portuguese who was
supposed to be guilty of murder upon the high seas &c togeather
with a Proclam* issued by Gov r Barnard for apprehending the s a
Andrews &c. His Excellency then asked the advise of the Coun-
cil what steps taken would be most likely to apprehend the s d
Andrews if within this Prov e to which the Council did give it as
their opinion that issueing a Proclara* would not be (at present)
so likely method to apprehend him as private directions to the
Kings Attorney Sheriff Ferrymen <fcc to make all possible but
secret enquiry after the s d Andrews & if discovered to apprehend
& secure him.

At a Council holden at Portsm by his Excellencys sumons on
Monday April 6 th 1767.

Present
His Excellency B. Wentworth Esq Govern*

Jon a Warner ]

Dan 11 Rindge I ^ S( F S of the

y Esqs. Daniel Peirce f Council.

Theodore Atkinson

Dan 11 Warner

James Nevin

Theod r Atkinson jun r | George Jaffrey

Peter Levius !

His Excellency proposed the Council the fifteenth Ins* as a day
to be observed as annual Fast thro out this Province & asked
wether the Council would advise to a Proclamation for a Fast to
be held on that day to which they did unanimously agree & con-
gent.

PROVINCE OF NEW-HAMPSHIRE.

[1767.

At a Council holden at Portsmouth by his Excellencys sunions
on Saturday June the 13 th 1767.

Present
I lis Excellency Benning Wentworth Esq Govern'

Theodore Atkinson

Daniel Warner

Mark Hunk" Wentworth J- Esqrs.

James Kevin

Theod r Atkinson jun r

Nath 11 Barrell
Peter Levius
Jon a Warner
Daniel Rindge
Daniel Peirce

Esqrs of y e
Con c .

George Jaffrey J
Tlis Excellency acquainted the Board that his Excellency John
WsifTWOETH Esq r whom his Royal Master had appointed to suc-
ceed him as Govern' of this Province would arrive in this town
by one of the clock & tho't proper his Majestys Council should be
assembled in the Council Chamber at that time to receive him.
Accordingly his Majestys Council did meet in the Council Cham-
ber & his Excellency John Wentworth Esq did arive escorted by
two troops of Horse the first regiment of militia being drawn up
at the end at the end of the Town House his Excellency there pro-
duced his Majestys Royal Commission under the Great Seal ap-
pointing him Cap' General & Governor over this his Majestys
Province which was publickly read in t lie audience of a vast con-
course of his Majestys subjects exclusive of the militia both Horse
& Foot as was also his Excellencys Commission appointing him.
Vice Admiral of this Province. Then His Excellency & his
Majestys Council then took the usual oaths in the accustomed
method.

His Excellency then issued a Proclamation, impowering &
directing all officers civil and military to exercise the duty of
their respective offices til further order. Then the cannon at
Castle Wm & Mary were discharged as also the battery raised in
this town for that end, three vollies of small arms were fired by
the militia & three huzzas given by the multitude. His Excel-
lency & the Council the Magistrates & a great number of gentle-
men then retired from the Council Chamber & dined publickly
where &c.

At a Council holden at Portsm by his Excellencys sumons on
Thursday July 30 th 1707.

Present
His Excellency John Wentworth Esq Govern'
Theodore Atkinson ]

> Esqrs.

Esqrs of y e
Council.

Daniel Warner

M. H. Wentworth

. lames Nevin
Theodore Atkinson j'
Peter Levius

His Excellency acquainted the Board that he had been solicited

Jon a Warner
Daniel Rindge
Daniel Peirce
George Jafirey

1772.1 KECORDS OF THE COUNCIL. 9

by a number of the grantees of a tract of land granted by this
Government which was bounded on the dividing line between
this Province and the Province of the Massachusetts Bay above
the head of Salmon Falls River to afford them his assistance &
directions in a controversy or dispute between them & a number
of persons who pretend & set up a claim to some parts of the
said land under a recent title derived to them from the Masschu ts
Oovernm* which dispute they apprehended might end without
even a tedious & expensive lawsuit if his Excellency would be
pleased to interpose in the affair & they might in that case
•chearfully proceed in clearing & cultivating their land &c.

His Excellency then asked the Council what steps they would
advise him to take in & about the premisses.

In which the Council did advise that his Excellency write to
the Governour of the Massachusetts on the subject & that the
matter in dispute might be in a proper light transmitted to Gov-
ern 1 Bernard they gave it also as their oppinion that a Com tce of
Council should be appointed & directed to furnish his Excellency
with such facts & transactions as might 'answer that purpose,
which his Excellency approved of & according Theodore Atkin-
son Peter Levius Dan 11 Peirce & George Jaffrey Esqs were ap-
pointed a Com tee for that service & to report to his Excellency
accordingly as soon as may be.

NOTE BY THE EDITOR.

Here occurs the first chasm in the Records of the Council. About this
time, and extending through a period of two years or more, the trial was
going on of charges made against Gov. Wentworth by Peter Levius, Esq. See
Journal of the House, and papers and document* relating thereto, after date
of January, 1774.

At a Council holden at Portsm by his Excell cys summons on
Tuesday 22 d Decem r 1772.

Present
His Exc y John Wentworth Esq Gov r &c.
Theodore Atkinson

Daniel Warner
D 1 Rindge
Jon a Warner

Dan 1 Peirce )

-^ George Jaffrey > Esqrs.

Esqrs. ^ , %> J ( ^

^ Dan 1 Kogers )

His Exc y inform'd the Board that John Cochran Esq Com r of
the Fort, had exhibited his ace* of the am of Light Money rec d
and of expences incurr'd by the Light House, whereby it appears
that the collection of Light M° by the present Act, is insufficient
to support the Light, and that the same is now considerably in
arrears to Cap* Cochran, and asked, whether the the Council w d

10 PROVINCE OF NEW-HAMPSHIRE. [1773.

advise to draw 8 a Warr 1 on the Treasury for Twenty Pounds L.
M. that the Light might not fail, before the meeting of the Gen 1
Assembly who w d ex a the s d ace' and pass such further order
respect- the s d Light as may be sufficient to support the same.
Advised to.

His Excell cy laid before the Board the petition of S 1 Livermore
Esq. setting forth, that he purchased the original right of Murry
ILmibleton in New Holderness from the heir of s d Hambleton,
and that the same has been totally neglected hitherto and no im-
provem* made thereon — and praying a confirm 8 of the same also
that the original right of S 1 Wentworth Esq, of Boston is equally
deficient in point of settlement and praying the s d Right may be
granted to such person as will effectually infill the conditions
of the Charter and paying the taxes due thereon.

Suspended for consid a untill the 9 th day of Jan y next.

His Exc y acquainted the Board that Francis Smith of Plain-
field, was recommended to him as a Magistrate from s d town, and
asked if the Council wo' 1 advise to his appointm*.

Advised to.

His Exe- also acquainted the Board that the Just" of the Sup r
Court had recom' 1 to him Zach 8 Cutler for a Justice of the Peace
for the Town of Amherst and ask d if the Council w d advise to his
being appointed to said office — Advised to.

At a Council held at Portsmouth by his Excellency's summons
Monday Jan y 11:177^

Present
His Excellency the Governor
Theod r Atkinson j Daniel Peirce )

Dan 1 Warner I -^ George Jaflrey ,-Esqrs

Jon 11 Warner ( ^ s< l rs Dan 1 Rogers * )

Daniel Rindge

The Memorial of James Grunt praying for 2000 acres of land
as a consideration for the fatigue he underwent in surveying Con-
necticut River &c. was read at the Board & ordered to lay.

His Excellency recommended Mi-.. Thomas Martin of Portsm
in this County for a. Justice of the Peace for said county. Advised
to.

Also Mr. Isaac Baldwin oi Hillsboro' in the county of Hillsbor-
ough for a Justice or the Peace for said County. Advised to.

Also the petition of Col" Gilman i'ov several islands in Connec-
ticut River q 1 about o ( > acres. Consider'd & advised to.

1773.] RECORDS OF THE COUNCIL. 11

At a Council held at Portsm by his Excellencys sumons Mon-
day Feb^ 1 st 1773

Present
His Excellency the Governor
Daniel Warner ~) Dan Peirce ")

Jon a Warner y Esq rs Dan 1 Rogers J~ Esq rs

Dan 11 Rindge ) Peter Gilman j

A motion was made by S. Livermore Esq praying that further
time be allowed for a hearing on a Petition preferr d by him & one
David Hobart ent d 28 th Nov 1 ' last relative to a new survey of Ply-
mouth & the Council advised his Excellency to postpone the said
hearing to Tuesday the 23 d of March next & that in the meantime
the Clerks of the Proprietors of Cockermouth Cardigan Campton
& Rumney or the Selectmen of said towns where any are chosen
be at the cost of the Pet rs served respectively with a copy of this
petition & vote thereon that they may appear & shew cause why
the prayer thereof may not be granted.

His Excell 7 ordered to be read at the Board a Memorial of
Eleazer Wheelock praying that a Gore of land which he supposes
is ungranted between the towns of Lebanon and Hanover may be
granted for the use of Dartmouth College.

Ordered to lay

His Excellency also ordered to be read at the Board the peti-
tion of Donald McAlpine a reduced Sargent who has served in
the late war for a grant of lands in this Province agreeable to the
King's Proclamation.

Advised to.

At a Council held at Portsm Tuesday Feb ry 2, 1773

Present
His Excellency the Governor —
Dan 1 Warner ") D. Peirce )

Jona Warner y Esq rs Dan 1 Rogers > Esq"

Dan 1 Rindge ) Peter Gilman )

His Excellency asked the advice of the Council relative to ap-
pointing Mr. Israel Gilman and Cap 1 Nath 1 Rogers Justices of the
Peace for the county of Rockingham. Advised to.

His Excellency ordered to be read the petition of Jon a Free-
man Agent for the Proprietors of the town of Hanover setting
forth that by the original survey of Hanover the boundaries on
Connecticut River were about 220 rod further distant from each
other than the length of lines as mentioned in said Charter & the
Proprietors being ignorant of the same run each of said lines from
the River Connecticut So. 64 E. agreeable to the cources given in
said Charter & have lotted out & settled on said lands to each
line and have given considerable tracts adjoining to each of said

12 PROVINCE OF NEW-HAMPSHIRE. [1773.

lines for the use of Dartmouth College & being now convinced
that said lines contain ab* 2700 acres more than the Contents of
said Charter which if taken from the said town of Hanover will
throw said Town into confusion by breaking up settlers &c &
therefore praying for a grant of the lands contained in the above
lines & not granted on the former Charter. The Council did there-
upon advise that the Clerk of the Propriety of Lime or the Se-
lectmen if any there be be served with a copy of the petition &
order of Council thereon at the cost of the petitioner that they
may be heard thereon on Tuesday the 23 d of March next to show
cause why the prayer of said petition may not be granted.

His Excellency ordered to be read at the Board the Petition of
Sam 1 Hale Esq. lor an additional Grant of lands in this Province.
Ordered to lay.

His Excellency ordered to be read the Petition of Stephen Lit-
tle Physician for taking care of one Webb an indigent person
in his sickness am g to £6: 12: 8 ordered to lay.

At a Council held at Portsm Thursday Feb r - V 4 1773

Present
His Excellency the Governor
Jon a Warner ) „ Dan 1 Rogers )

Dan 1 Kindge j ^ sqrs Peter Gilman V Esqrs

Tho 8 W k Waldron )

The Petition of David Page for a Grant of land for the reasons
mentioned in s d Petition was read at the Board.

His P^xcellency mentioned a Petition of Mr. Moody & 59 others
(some of the most respectable inhabitants of the Government who
had had none of the Kings lands) for a township of 6 miles
square. Advised to.

At a Council held at Portsm Saturday Feb ry 6 th 1773.

Present
His Excellency the Governor,
Theod r Atkinson 1 Daniel Peirce

Dan 1 Warner I „ Dan 1 Rogers

Jon 11 Warner f JL8( 1 8, Peter Gilman

Dan 1 Rindge Tho 8 W. Waldron

His Excellency ordered to be read at the Board a Petition of
John Merrill for leave to keep a Ferry across Merrimack River to
extend two miles up & down said River beginning one mile and a
quarter from the lower end of the Town of Concord &c Advised
to — the said Ferry to contain two miles only as the river runs
including the bounds specitied in the Petition.

1773. J RECORDS OF THE COUNCIL. 13

His Excellency proposed to the Board the desire of B. Bellows
Esq of Walpole to have the liberty of keeping a Ferry across
Connecticut River from Walpole to Westminster The Council
advised that "the same be granted to contain a mile as the river
runs.

At a Council held at Portsm by his Excellencys summons
Tuesday March 2 d 1773

Present
His Excellency the Governor

Theod re Atkinson ]

f Es ^ S Dan" Rog a e^s ey } Es( l rs <

Dan 1 Warner
Jon a Warner
Dan 1 Rindge

The Petition of Dr Stephen Little for allowance of his ace 1 for
the care of one Webb an indigent stranger who was taken sick in
Portsm was read at the Board. The Council did advise that the
said ace* am g to £6 : 12 : 8 be paid out of the Treasury agreable to
the Province Law.

His Excellency informed the Board of the misbehavior of Rich-
ard Jennes 3 d of Rye Esq r relative to forging sundry Deeds &c
and asked the advice of the Council relative to suspending or dis-
missing the said Jenness from his office of Justice of the Peace.
The Council did advise that the said Richard Jenness the third
be dismissed from his said office.

Hie Excellency ordered to be read at the Board the petition of
Seth Wells for himself and 29 associates for a tract of land which
they therein represent to be so mountainous broken & ordinary
that no persons hitherto would apply for the same situate on Con-
necticut river between the tow*nship of Woodbury (as surveyed
& marked by Mr. Whiting & now on file in the Surveyor Gener-
als Office) and Cockburn not exceeding four miles & extending
easterly six miles only to or toward the Corner of said Woodbury
thence by a strait & direct line to Cockburn thence by the line of
Cockburn to the river being about acres more or less as con-
tained within the fore-mentioned Boundaries. Advised to.

At a Council held at Portsmouth by his Excellencys summons
Fryday March 19, 1773.

Present
His Excellency the Governor
Theod re Atkinson ]

Dan 1 Warner ^ George Jaffrey ) ™ „,.„

Jon Warner \ Es ^ rs ' Dan' Rogers \ Es< l ,s "

Daniel Rindge J
His Excellency proposed Thursday the 15 th day of April next

14 PROVINCE OF NEW-HAMPSHIRE. [1773.

as a clay of public fasting & prayer throughout this Province to
which the Council did advise.

His Excellency proposed Ichabod Rollins as a Justice of Peace
for the County of Strafford to which the Council did advise.

Also Zaccheus Clough as a Justice for the same County. Ad-
vised to.

A Petition of John Gilman late a Major in the Provincial Ser-
vice for a grant of some of his Majestys wild Lands having been
27 years in the Militia & suffered much in the service at the siege
of Fort Wm Henry.

The Council advised to 2000 acres.

At a Council held at Portsm by his Excellencvs summons
Tuesday 23 d March 1778.

Present
His Excellency the Governor
Theod re Atkinson 1 George Jaffrey

Dan 1 Warner I -™ Dan 1 Rogers

Jon a Warner f ^V®' Peter Gilman

Dan 1 Rindsre

His Excellency proposed Mr Peter Green as a Justice of Peace
for the County of Rockingham. Advised to.

A hearing was this day had on the Petition preferred by Sam 1
Livermore Esq & David Hobart enter'd 28 th Nov last The Coun-
cil did thereupon unanimously advise that the said Petition be
dismissed.

At a Council held at Portsmouth by his Excellencys summons
Tuesday April 18 th 1778.

Present
His Excellency the Governor
Theod : ° Atkinson ^ Dan 1 Rindge

Dan 1 Warner > Esqrs. Dan 1 Peirce

Jon' 1 Warner ) George Jaffrey )

Dan 1 Rogers )"

His Excellency proposed to the Board to grant to Timothy
Nash & Beni* Sawyer 2000 acres of land in consequence of their
Petition cut' 1 sometime ago. The Council did advise to the same
provided the said 2000 acres do not interfere with any other grant.

The Petition of Nathaniel Rogers of Orford for a Township of
land near UmbagOg Lake was read at the Board The Council did
advise that the same be granted not to interfere with any other
grant.

The Petition of Josiah Moody for himself and associates pray-

1773.] RECORDS OF THE COUNCIL. 15

ing that they may look out a Town-ship in this Province and that
they may have a grant of the same on the usual conditions & res-
ervations. Advised not to interfere with any other grant.

A petition of James Karr of GofFestown for allowance of his
acc° & the Physicians bill am g to £9 : 8 : 3 for the care of one
James M°Mahon an indigent person accidentally taken sick at his
house was read at the Board referd to the Hon ble J Warner G Jaf-
frey & D Rogers Esq r9 who are to make enquiry & report as soon
as is convenient,

His Excellency proposed Jethro Sanborn of Sandown and
Senter of Moultonborough as Justices of the Peace for the Coun-
ties in which they live. To which the Council did advise.

His Excellency proposed Kimbal of Heniker as a Justice of
Peace for the County of to which the Council did advise.

At a Council held at Portsm by his Excellencys summons
Monday May 10 th 1773.

Present
His Excellency the Governor
Theod re Atkinson > Daniel Peirce )

Jon a Warner > Esqrs. George Jaffrey > Esqrs.

Dan 1 Rindge ) Dan 1 Rogers )

Otis Baker John Plummer Asa Porter John Gage John Went-
worth of SJmerworth Joseph Badger John Flagg Joseph Atkin-
son Eben Thompson Samuel Blodgett Dan 1 Sanborn of Sanborn-
ton Joseph Sias Ebenezer Smith of Meredith Moses Little George
Frost Daniel Brain ard Israel Morey John Wheatly Joseph Pev-
erly & Valentine Mathes Esq 1 ' 8 being appointed Justices of the
Peace for the respective Counties in which they resided at the
time of their appointment The Council did advise his Excellency
to prevent any doubts o* difficulties that the names of the said
Gentlemen be therefore erased from the Commission of the Peace
for the County of Rockingham & that the Clerk of the Sessions
of the said County forthwith notify each of them accordingly.

At a Council held at Portsmouth by his Excellencys summons
Tuesday May 18, 1773.

Present
His Excellency the Governor
Theod 1 ' 6 Atkinson ] Dan Peirce )

Daniel Warner I w George Jaffrey >• Esqrs.

Jon a Warner f MaS ^' Dan 1 Rogers )

Dan 1 Rindge
The Com ee appointed to report on Johnston's Petition for a

16 PROVINCE OF NEW-HAMPSHIRE. [17T&

Ferry made report this clay referd for consideration to the second
Tuesday in October next.

The Petition of Win Sam 1 Johnson, Agur Tomlinson and
others for a tract of his Majestys ungranted and uncultivated
lands was by his Excellence's order read at the Board. Advised
to.

The Petition of James Richardson in behalf of himself and as-
sociates for a grant of his Map 6 uncultivated lands was read at
the Board by his Excel lencys order.

Advised to.

His Excellency order' d to be read at the Board the Petition of
James Reed Esq to have Monadnoc N° 4 incorporated.

Advised to.

Also the Petition of James Reed for a Township of six miles
square of his Majestys ungranted lands in this Government. Ad-
vised to.

Also the Petition of Ephraim Sawyer by Israel Morey Esq r his
Agent for six Miles square of his Majestys uncultivated lands in
this Government. Ordered to lay for consideration.

His Excellency was pleased to nominate John Hurd, Moses
Little, Asa Porter &, Bezaleel Woodward Esq rs as Justices of hi$-
Maj ty * inferior Court for the County of Grafton. Advised to.

At a Council held at Portsmouth by his Excellency* summons
Fryday May 28, 1773.

Present
His Excellency the Governor
Theod™ Atkinson ] George Jafirey

Dan 1 Warner Dan 1 Rogers

Jon n Warner
Dan 1 Rindge
Dan 1 Peirce

V Esqrs. Peter Gilman Es( ^ rs *

Tho* W k Waldron

The Petition of John Crane of Hanover Physician for leave to
erect a Hospital in some remote part of said town for inoculation
for the Small Pox was read at the Board The Council did advise
thai tin 1 same be dismiss'd.

The Petition ofBenj' Pomroy Nath'.Whitaker & Ralph Wheel-
oc in behalf of themselves t vj their associates for a tract of un-
granted Lands in this Province of six miles square was by his Ex-
cellency* order read at the Board.

The Council did advise that the prayer of the Petition be
granted provided it does not interfere with any other grant.

1773.] RECORDS OF THE COUNCIL. 17

At a Council held at Portsmouth Saturday May 29 th 1773.

Present
His Excellency the Governor

Theod re Atkinson
Dan 1 Warner

George Jaffrey
Dan 1 Rogers

Jon a Warner y Esqrs. Peter Gilman r Esc F s -

Dan 1 Rindge \ Tho 8 W k Waldron

Dan 1 Peirce J

His Excellency proposed to the Board to grant to Powers &
his associates who have petitioned therefor a tract of his Majes-
tys ungranted lands in this Government sufficient for a Township.

To which the Council did advise.

His Excellency proposed to the Board that the Rev d D r Wheel-
oc be appointed a Justice of Peace through the Province. Ad-
vised to.

His Excellency was pleased to nominate the Hon ble Tho 8 W k
Waldron as first Justice and the Hon ble John Wentworth Esq r &
Otis Baker & John Plummer Esq rs as Assistants Justices of the
County of Strafford. Advised to.

His Excellency proposed the same Gent" as Justices of the
Peace for the County of Strafford as were resident there before
the County was made active. Advised to.

A letter from his Excellency Gov r Hutchinson having been
read at the Board on Thursday last by his Excellency's order re-
questing that one or two of the Council of this Province might
be prevailed on to attend the trial of Ansel! Nickerson at Boston
on Wednesday next at which time neither of the Members of this
Board inclined to attend said trial his Excellency was pleased this
day again to recommend it to the Board that one or two of the
Board would attend said Trial.

The Hon ble Tho s W k Waldron having begged leave to decline
serving in the office of first Justice of the Comon Pleas for the
County of Strafford his Excellency was pleased to nominate the
Hon ble John Wentworth as first Justice and that George Frost
Otis Baker & Jn° Plummer be Assistant Justices. To which the
Council did advise.

At a Council held at Portsmouth by his Excellencys summons'
Saturday June 26 1773.

Present
His Excellency the Governor
Theod re Atkinson } Daniel Peirce )

Dan 1 Warner I -^ George Jaffrey > Esqrs.

Jon" Warner f ^ S( l rs ' Dan 1 Rogers )

Daniel Rindge J

His Excellency ordered to be read at the Board an Instruction
from his Majesty prohibiting the granting any more lands (unless
2

18 PROVINCE OF NEW-HAMPSHIRE. [1773.

to such officers & soldiers as are entitled to it by virtue of the
Kings Proclamation) till his Majestys pleasure be signified there-
on.

At a Council held at Portsmouth on Wednesday the 30 th day
of June 1773 by his Excellencys summons.

Present
His Excellency the Governor

Theod re Atkinson } Daniel Rindge ) -p „

Daniel Warner V Esq" Daniel Rogers ) S( ^

Jon a Warner )

His Excellency directed to be read a Petition of the Selectmen
of the Town of Portsmouth setting forth that it is not in their
power to prevent persons going down to the Pest House Island to
be inoculated for the Small Pox to the great danger of the In-
hab ts of this Town & Province & therefore praying the advice &
assistance of his Excellency & the Council thereon.

The Council did therefore advice his Ex cy that the said Select-
men take order that no person hereafter presume to go down to
the Pest House Island without licence first had and obtained from
the Governor and Council And that if any person shall disobey
this order and shall go down & receive the infection there or else-
where they shall be confined 42 days after their recovery and un-
til an order for their return be obtained from the Governor &
Council and pay the whole expence attending such confinement
beside being subjected to any other Penalty the Law inflicts.

The Council did further advise that in case any Physician shall
without leave from the said Selectmen presume to go down to the
Pest House Island they shall be obliged there to remain at their
own expence till an order for their return be obtained from the
Governor and Council and that the said Selectmen be careful to
appoint a proper Guard to see these orders executed & report their
proceedings to the Governor and Council from time to time also
that the said Selectmen immediately make this order public.

His Excellency was pleased to nominate Henry Rust of Wolfe-
borough Esq r for Judge of the Probate of Wills &c for the
County of Strafford Advised to.

At a Council held at Portsmouth by his Excellencys summons
on Wednesday July 7, 1773

Present
His Excellency the Governor,
Theod* Atkinson 1

Dan 1 Warner I £ George Jaflrey > E

Jon a Warner H Dan 1 Rogers ) 4

Dan 1 Rindge J

His Excellency ordered to be read at the Board the Petition of

1773.] RECORDS OF THE COUNCIL. 19

W m Simpson for leave to keep a Ferry within one mile & a half
above and below the Town Landing in Orford.

The Council did advise his Exc y thereupon to grant the said
Ferry to said Simpson to extend one mile above & one mile
below said Landing as the river runs.

His Excellency was pleased to nominate David Hobart Esq r as
a Justice of the Common Pleas for the County of Grafton in the
room of Moses Little Esq r who by reason of his other business
out of this Province had declined that office.

His Excellency laid before the Board a letter from his Exc y
The 8 Hutchinson Esq r Gov of the Mass Bay inclosing summons
from the Gov 1 & Council Judge of Admiralty & Collector of the
Customs of this Port to attend the Tryal of Ansell Nickerson on
the 28 th of July current at Boston & earnestly recommending
their attendance.

Also another letter from said Gov r Hutchinson informing his
Excellency that one M r Bridgham a Merch' in Boston had in-
formed him that he had reced from this Province 27 Counterfeit
Milld Dollars through the hands of the Post. The Council did
thereupon advise his Excellency that the Secretary inform the
Hon ble Peter Gilman Esq r (a member of this Board & a Justice
through the Province) of this Matter and desire him to make a
thorough examination thereinto & recognize any suspected per-
sons for their appearance at the next Superior Court.

At a Council held at Portsmouth by his Excellencys summons
Wednesday Aug 4, 1773

Present
His Excellency the Governor

Theodore Atkinson } Dan 1 Peirce ) p, rs

Jon a Warner I Esq rs Dan 1 Rogers ) q *

Dan 1 Rindge )

His Excellency acquainted the Board of his having received
information that some Persons are now supposed to be employed
somewhere on Connecticut river in Counterfeiting Dollars.

The Council did thereupon advise his Excellency that the
Attorney General be directed to take every legal step in his Power
to detect the said offenders & bring them to speedy Justice.

His Excellency was pleased to nominate Mr Seth Wales & Mr
Joseph Holbrook as Justices of the Peace for the County of Graf-
ton. Advised to.

20 PROVINCE OF NEW-HAMPSHIRE. [1773.

At a Council held at Portsmouth by his Excellency's summons
Tuesday Aug. 17, 1773,

Present
His Excellency the Governor
Theod re Atkinson
Dan 1 Warner { EgqM George Jaflrey , Egqrf

Jon a "Warner f k ^ Dan 1 Rogers

Dan 1 Rindge

His Excellency ordered to be read at the Board the Petition of
Enoch Hale Esq 1 " in behalf of the Inhabitants of Monadnoc No.
2 or Middletown that the same may be incorporated. •

Advised to.

His Excellency proposed to the Board that Merrill Esq r

late a Justice of the Peace for the County of Rockingham be
removed from s d County & appointed a Justice for the County of
Grafton. Advised to.

At a Council held at Portsmouth by his Excellencys summons
Wednesday Nov 3 d 1773,

• Present

His Excellency the Governor

Theodore Atkinson ") George Jaffrey ) -^ rs

Jon a Warner i- Esq r \ Dan 1 ^Rogers ) sq *

Daniel Rindge )

His Excellency ordered to be read at the Board the Petition of
Breed Batcheller as Agent for the Proprietors of Monadnoc N° 6
to have the same incorporated by the name of Parkersfield. Or-
dered to lay.

The Petition of Francis Green setting forth that he as a Lieu-
tenant in the 40 th Regiment was employed in the most fatiguing
& hazardous services in the late War & therefore praying for a
Grant of 2000 Acres of Land agreable to the Kings proclamation.
Advised to provided the Petitioner is entitled to it agreable to the
proclamation and the land can be found.

His Excellency proposed Thursday the 25 th Curr 1 as a day of
Public Thanksgiving throughout the Province — Advised to.

His Excellency was pleased to nominate M r Jacob Sheafe as a
Justice of the Peace & of the quorum for the County of Rock-
ingham. Advised to.

Also Major James Richardson as a Justice of Peace for the
Countys of Grafton <fc Strafford. Advised to.

1773.] RECORDS OF THE COUNCIL. 21

At a Council held at Portsmouth by his Excellencys Summons
Fryday Nov 26 1773

Present
His Excellency the Governor.
Theod re Atkinson J Dan 1 Rindge )

Dan 1 Warner > Esq" George Jaffrey >- Esq rs

Jon a Warner ) Dan 1 Rogers )

His Excellency acquainted the Board that the Office of Judge
of Probate of Will &c. for the County of Rockingham being
now vacant by the death of John Wentworth Esq r he nominated
John Sherburn of Portsm Esq r for that Office to which the Coun-
cil did advise.

His Excellency was pleased to nominate Col Sam 1 Gilbert of
Lime as a Justice of Peace — the County of Grafton. Advised
to.

At a Council held at Portsmouth by his Excellencys summons
Saturday Dec r 11 th 1773,

Present
His Excellency the Governor
Theod re Atkinson ) Daniel Rindge ) -™ rs

Dan 1 Warner V Esq". George Jaffrey j ^ sq *

Jon a Warner )

His Excellency ordered to be read at the Board a Petition of
James Hickey praying that Doctor Little may have liberty to go
down & attend his son who has the Small pox by inoculation at
the Pest house.

It appearing to the Board from the examination of George
Gains & W m Langdon two of the Selectmen of the Town of
Portsm also of Doct r Bracket and D r Little that certain Persons
are infected with the Small Pox in the natural way, and by inocu-
lation without any leave or permission first had & obtained where-
by the safety of the People is imminently endangered, There-
fore advised that the Selectmen of the Town of Portsmouth be
directed strictly to execute the Order of the Gov 1 & Council of
the 30 th of June 1773.

And that they take effectual Order to prevent any Boat Vessel
or Canoe or any persons from them or either of them coming to
the shore or Landing on the Pesthouse Island except only such
Boat or Persons as are licensed by the Selectmen or by the Gov-
ernor and Council upon any pretence whatsoever And that the
said Selectmen do place a sufficient Guard on the said Island to
repel any attempt to disobey this Order Also that no Person or
Vessel Goods Cloathing or other thing supposed to be infected or
that now is or hereafter may be on the said Island be discharged
removed or liberated from the custody of Quarantine in any man-

22 PROVINCE OF NEW-HAMPSHIRE. [1773.

ner or on any pretence whatsoever until an Order be first had
therefor from the Governor with advice of the Council.

That the prayer of said Petition be granted said Hickey first
giving Bond in the sum of one hundred pounds proclamation
Money with two sureties to the Selectmen of this Town that he
will pay the Costs that may arise therefrom and that D r Little
also give Bond with surety in the like Penalty that he will strictly
obey the order of the 30 th of June aforesaid and that he will not
directly or indirectly inoculate for the Small pox or give or com-
municate that infection to any Person whatever within this Prov-
ince nor attend advise assist or give any Medicine or otherwise
afford medical or Chirurgical aid to any Persons whatever on the
6aid Island save only the son of the Petitioner and one woman
named Anne Morrell now on the said Island and that the said D r
Little abide on said Island without moving therefrom from the
time he lands thereon until the further Orders of the Governor
and Council And that the said Selectmen be served with a Copy
of this Vote.

The said George Gaines & Wm. Langdon having acquainted
the Board that sundry Persons broke out with the Small pox at
Rye His Ex y asked the advice of the Council whether they think
it expedient to send for the Selectmen of said Rye to make en-
quiry whether they had taken the proper methods required by Law
to prevent its spreading. The Council did advise that the said
Selectmen be summoned to appear belore the Gov & Council at
11 o'clock a. m. on Tuesday next for that purpose.

Adjourned to Tuesday next at 11 o'clock a. m.

At a Council held at Portsm by adjournment on Tuesday 14 th
Dec r 1773

Present
His Excellency the Governor
Daniel Warner ) v rR Daniel Rindge > w „

Jon* Warner } ^ George JafTrey j ^

His Excellency acquainted the Board that he had reed an order
from His Majesty in Council dated Sept 1 st 1773 disallowing the
Act entitled "An Act to dissolve the marriage of Greenwood Car-
penter of Swanzey in this Province with Sarah Leathers formerly
of Charlestown in the County of Middlesex in the Province of
the Massachusetts Bay."

The Council did thereupon advise that a Proclamation be
printed in the New Hampshire Gazette in consequence of the or-
der aforesaid to render the said act null and void.

The Selectmen of the town of Rye appeared agreable to the
summons sent them on Saturday last His Excellency with advice
of the Council ordered them to apply to a Justice of the Peace for

1773.] RECORDS OF THE COUNCIL. 23

a Warrant requiring that every legal step be pursued to secure
said town from the infection of the Small pox. Also that they
employ one Man as a guard to prevent the persons sick & those
who are suspected of being in danger of having taken the infec-
tion from leaving the house or homes they now are confined in
that they acquaint this Board with any new Circumstances that
may happen And that they do not suffer any Person or Persons
recovered of said Distemper or who it is feared are infected with
it to be released without an order from his Exc y and the Council.

At a Council held at Portsmouth by his Ex cy summons on Mon-
day Decern 1 19 th 1773

Present
His Excellency the Governor
Theodore Atkinson ^ Dan 1 Rindge ">

Dan 1 Warner > Esq rs George Jaffrey >- Esq rs

Jon a Warner ) Dan 1 Rogers )

His Excellency ordered to be read the Petition of D r Clement
Jackson setting forth that his son in law D r Stephen Little having
complied with the order of Council of the 11 th Instant & seen his
two Patients at the Pesthouse out of danger of the small pox is
desirious of returning to town and therefore praying that he may
have leave so to do.

The Council did thereupon advise that an order issue to the
Selectmen of this Town impowering them to liberate the said D r
Little from the Pesthouse after taking care that he is sufficiently
cleansed from all danger of communicating any infection and
complied with the tenor of his Bonds And that the two Patients
under his care are entirely well of the Small pox that he may
have neither necessity or pretence to attend them at the said
Pesthouse after he is first discharged from quarantine.

Whereas it appears that D r Bracket & D r Little have inoculated
sundry persons contrary to order and to the great danger of
spreading the Small pox in the town of Portsmouth.

Voted that no Doctor surgeon or Physician be employed or per-
mitted to attend Patients at the Pesthouse or infected with the
Small pox in any other place until he shall first have taken an
Oath and given Bonds in the Sum of £100 lawful Money with
two Sureties that he will comply with the orders of Council of
the 30th of June last & 11 th Dec r Instant.

His Excellency ordered to be read at the Board the Petition of
D r Joshua Bracket praying that his wife may have leave to return
home from the Pest House she being recovered of the small pox
&c.

No person appearing to enforce this Petition or to make it ap-
pear that the Wife of the Petitioner can be released with safety
to the People it is ordered to lay for further consideration.

24 PROVINCE OF NEW-HAMPSHIRE. [1774.

His Excellency ordered The foll g for y e Probate to be read the
Petition of John Wentworth Esq r &*Tho s Wallingford Gent"
Exec" of the last Will & Testament of Mark Wallingford late of
Somersworth Gent n dec d setting forth that they had presented the
said Will for probate thereof to Henry Rust Esq 1- Judge of Pro-
bate for the County of Strafford & Previous thereto a Caveat had
been lodged by W lu Pearne of Portsm & Mary his wife against
the said Wills being proved Notwithstanding which the said
Henry Rust Esq 1 adjudged their objections insufficient from which
judgment the said W m & Mary appealed to the Gov r & Council
as a Supreme Court of probate but have not prosecuted said ap-
peal. The Petitioners therefore pray that a Citation may issue
to the said Wm & Mary to appear and show cause why an order
should not issue from this Court as a Court of Supreme probate
to the said Henry Rust Esq to grant Letters testamentary & pro-
ceed upon said Will as though no such Appeal had been taken.

The Council did thereupon advise that a Citation issue to said
William & Mary for them to appear & shew cause as aforesaid on
Tuesday the 11 th of January next.

His Excellency was pleased nominate Ammiruhamah Cutter
Esq r for Portsmouth as a Justice of the Peace for the County of
Rockingham to which the Council did advise.

At a Council held at Portsmouth Fryday Jan y 14 th 1774

Present
His Excellency the Governor
Theod™ Atkinson 1

Dan 1 Warner [ ™ „' Daniel Rogers (_ Esq"

Jon a Warner [ ^ Peter Gilman )

Dan 1 Rindge

A Petition was read at the Board from the Selectmen of Wind-
ham praying for the allowance of their acc ts forthe support of one
James Gillespy an indigent stranger who came there about the
middle of Dec 1 ' 1772 & died Octo 29 th 1778.

Voted that the Hon ble Daniel Rindge & Daniel Rogers Esq ,s be
a Committee to examine the Acc ta & vouchers of the Selectmen
afores d and make Report to this Board as soon as maybe.

His Excellency proposed Nathan Batchellor of Loudon for a
Justice of the Peaceforthe County of Rockingham. Advised to.

Also Isaac Andrews of Hillsborough for a Justice of Peace for
tlie County of Hillsborough. Advised to.

His Excellency ordered to be read at the Hoard a Petition of
lundry of the Inhabitants of the Society Land for an incorpora-
tion for reasons mentioned in said Petition. The Council did ad-
vise that a Charter of incorporation be granted by the following
bounds viz. Beginning at the N. W. Corner of Francestown from

1774.] RECORDS OF THE COUNCIL. 25

thence E. to the easterly side line of the Society Land so called
from thence N to the Corner of the said Society Land from thence
by the s d Society Land westerly to Contoocook River bounding
partly on the towns of Henniker and Hillsborough from thence as
the River runs as far as that an E Line shall strike the said N W
Corner of Francestown from thence by said E Line to the bounds
first mentioned.

The Com tee appointed to report on the Petition of the Select-
men of ♦ Windham this day verbally reported that the sum of
£15.8.3 be granted to the said town on their lodging Proof in the
Sec y8 Office that s d Gillespy was a Pauper Stranger & incapable of
being removed from the time of his coming into said town till his
death.

JOURNAL OF THE HOUSE.

[CONTINUED FROM PAGE 885, VOL. VI., PROVINCE PAPERS.]
NOTE BY THE EDITOR.

Before the meeting of the next Assembly the Governor had occasion to
ssue the following Proclamation :

[Copied from " Vermont State Papers," 1823, p. 17.]

By his Excellency
Benning Wentworth, Esq.
Captain General, Govemour and Commander in Chief of his Majesty's
Province of New Hampshire, in New England, &c.

A PROCLAMATION.

Whereas his Honor Caldwallader Colden, Esq. Lieutenant Governor
and Commander in Chief of his Majesty's Province of New York, hath lately
issued a Proclamation of a very extraordinary Nature, setting forth, that
King Charles the second, on the 12 th Day of March 1663-4 and the 29 th June
1674, did by his several Letters Patent of those Dates, grant in Fee to hit
Brother the Duke of York, among other things, all the Land from the West
side of Connecticut River to the East side of Delaware Bay : And therein
also set forth, or describes the Bounds of New Hampshire; in which Descrip-
tion there|is a very material Mistake; besides, there is omitted tbe Fact, on
which the Description of New Hampshire depended, viz. His Majesty's De-
termination of the Northen and Western Boundaries of the Province of the
Massachusetts Bay in 1739 : And Nothing can be more evident, than that
New Hampshire may legally extend her Western Boundary as far as the
Massachusetts claim reaches, and she claims no more: — But New York pre-
tends to claim even to the Banks of Connecticut River, although she never
laid out and settled one Town in that part of his Majestys Lands, since she
existed as a government.

When New York Government extends her Eastern Boundary to the Banks
of Connecticut River, between New York and the Colony of Connecticut,
and to the Banks of said River, between New York and tbe Province of the
Massachusetts Bay, it would have been full early for New-York to declare
that the Government of New Hampshire, was fully apprised of the Right of
N'ew York, under the before recited Letters Patent to the Duke of York.

In virtue of tbe final Determination of the boundary Lines settled by his
late Majesty between this Government and the Massachusetts Bay, all the
Lands capable of settlements, have been erected into Townships, agreeable
to his Majestys commands, and a considerable Revenue is daily arising to the
Crown, unless interrupted and impaired by his Honors Proclamation, which
New Hampshire will not be answerable for.

1764.] JOURNAL OF THE HOUSE. 27

At present the Boundaries of New York to the Northward are unknown ;
and as soon as it shall be his Majestys Pleasure to determine them, New
Hampshire will pay a ready and chearful obedience thereunto ; not doubting
but that all Grants made by New Hampshire, that are fulfilled by the Gran-
tees, will be confirmed to them, if it should be his Majesty's Pleasure to alter
the Jurisdiction.

For political Reasons, the claim to Jurisdiction by New York, might have
been deferred, as well as the strict Injunction on the civil Power, to exercise
Jurisdiction in their respective Functions, as far as the Eastern Banks of
, Connecticut River.

The said Proclamation carrying an Air of Government in it, may possibly
affect and retard the settlement of his Majestys Lands, granted by this Gov-
ernment ; For preventing an Inquiry to the Crown of this Kind, and to re-
move all Doubts that may arise to Persons holding the Kings grants, they
may be assured, that the Patent to the Duke of York is obsolete, and cannot
convey any certain Boundary to New York, that can be claimed as a Boun-
dary, as plainly appears by the several boundary lines of the Jersies on the
West, and the Colony of Connecticut on the East, which are set forth in the
Proclamation, as part only of the Land included in said Patent to the Duke
of York.

To the End therefore, that the Grantees now settled, and settling on those
lands, under his late, and present Majesty's Charters, may not be intimidated,
or any way hindered or obstructed in the Improvement of the lands so
granted ; as well as to ascertain the Right, and maintain the Jurisdiction of
his Majesty's Government of New Hampshire as far Westward as to include
the grants made ; I have thought fit, by and with the advice of his Majesty's
Council to issue this Proclamation, hereby encouraging the several Grantees,
claiming under this Government, to be industrious in clearing and cultivating
their Lands, agreeable to their respective grants.

And I do hereby require and command all civil officers, within this Prov-
ince, of what Quality soever, as well those that are not, as those that are In-
habitants of said lands, to continue and be diligent in exercising Jurisdiction
in their respective offices, as far Westward as Grants of Land have been
made by this Government ; and to deal with any Person or Persons, that may
presume to interrupt the Inhabitants or settlers on said Lands, as to Law
and Justice doth appertain, the pretended Right of Jurisdiction mentioned
in the aforesaid Proclamation, notwithstanding.
Given at the Council Chamber in Portsmouth, the 13 th day of March, 1764,

and in the fourth year of his Majesty's Reign.

B. Wentworth.
By his Excellency's Command

with advice of Council.

T. Atkinson, jun. Secretary.

God Save the King.

SPECIAL CONVENTION.

[p. 383,] Minutes of a Convention begun and held at Ports-
mouth on Wednesday the 25 th of Jan y 1764.
Met — nine members present.

Thursday, Jan* 26 th 1764.

Met, and in the forenoon there was nineteen members & of
which the Sec y was informed (a). Adjourned.

28 PROVINCE OF NEW-HAMPSHIRE. [1764.

(a) From Journal of C. & Assem. Jan? 25 th 1764.

Present.
His Excellency the Governor
Theodore Atkinson ] Joseph Newmarch

Rich' 1 Wibird I E James Nevin

Jn° Downing f ^ " Theod Atkinson, jun.

Dan 1 Warner Nath 1 Barrell.

Friday, Jan* 27 th 1764.

The Secretary brot down his Excellency's Mess a with the Earl
of Halifax & General Gage's Letters. All which was read, and
copies of them on file.

Governor's Message.
[Copied from MS. Gov rs Mess a , Vol. III., p. 241.]

The distressed state of his Majesty's Southern Colonys with respect to the
Barbarous and Inhuman murthers committed by the Indians on the Fron-
tiers of tbose Governments call for the assistance of the neighboring Govern-
ments to check if possible the rapid progress of the Savages & prevent by
every measure the war allready begun, from becoming general, when we
must not expect to escape the fatal effects of it.

To answer this salutary purpose General Gage has made a requisition of
Two hundred men from the government, and the Earl of llallifax, one of his
Majesty's principal Secretary's of State, by the King's.Cornmand, has signi-
fied to me his Majesty's pleasure, that I should assist with such a number of
Troops as the Commander-in-Chief should think proper to direct: To give
you all the light I can in this essential service, I have directed the Secretary
to lay before you both the Earl of Hallifax's and General Gage's letters, which
must be returned after a proper use is made of them, hopeing you will pay a
chearful & ready obedience to his Majesty s commands, as it may be a means
of preventing greater evils, should the war become general.

B. Wextworth.
Council Chamber in Portsmouth,
25 th January 1704.

Letter of the Earl of Halifax.

[Copied from MS. Correspondence, Vol. III., p. 267.]

St James, Oct 1 ' 19 th 1763.
Mr —

His Maj IV being informed by Dispatches lately received from Sir Jeffrey
Amherst Commander in chief of his forces in North America, that the In-
surrections of tln> Indian Nations which have for some time been Increasing
now bear the appearance of becoming general, has judged it necessary to
require the assistance of such of his Colonies as are most interested by their
situation or mosl able by their circumstances to contribute to the general
Purpose of Defence (ft of annoyance o!' tic savages in order to put the most
speedy (>nd to the great mischiefs of which this extensive it most barbarous
-til" >>f war is productive.

1 am therefore to signify to you his Majesty's pleasure that you earnestly
recommend it in his Majesty's name to the General Assembly of the Province
under your Government forthwith to make Provision for enabling you to call
out a sufficient number of the militia or to raise such a reasonable number of

1764.] JOURNAL OF THE HOUSE. 29

troops as from the actual state of the Indian war Sir Jeffrey Amherst shall
think necessary & to employ them not only in defending & protecting the
lives & properties of his Majesty's subjects on the Frontiers of your Govern-
ment, but also in acting offensively against the Indians at such places and in
such manner as the said Comander-in-chief shall judge proper to direct, and
his Majesty trusts that the Legislature of your Government from their zeal
& affection for this service as well as from a just regard to the safety & wel-
fare of the Colony will readily & chearfully concur in exerting themselves
upon this important occasion to the end that his Majesty's subjects in North
America may peaceably enjoy the fruits of the many glorious successes ob-
tained there by his Majesty's victorious arms during the late War, & the ex-
tensive advantages secured to them by the late Peace.
I am with great truth & regard,

Sir, your most obedient humble serv',

Dunk Halifax.
Gov 1 ' of New Hamp r .

[The letter of Gen. Gage has not been found, but the following minute of
its contents is found in the Jour, of C. & Assem. Jan. 27 th 1784.]

" The President acquainted the Board that he had rec a his Excellencys
message in writing of. the 25 th Inst directed to both houses with his Excellen-
cys Directions to communicate the same to the Council, <fe then to send it by
the SecJ 7 to the Assembly in which message he takes notice of a letter he rec d
from General Gage (1) dated New York the 6 of December last wherein he
makes a requisition of two Hundred men to serve against the Indians above
Niagara <fec. and also of one other letter he rec d from the Earl of Halifax
dated St. James October the 19 th last relative to the above Indians."

The clerk of the House not being present, y c members made
choice of Capt. Thomas W k Waldron as clerk pro tempore.

Voted That Mr. Speaker, Col Weare, Col Gilman, Col March
& Capt. Thorn 8 W k Waldron be a Committee to joyn with such
as the Hon ble Council shall appoint to consider of his Excellencys
Mess a of the 25 th Inst. & the Letters therein referred to & make
Report what may be proper for the Governm* to do thereon.
Sent up by Col. Goffe.

The Sec 7 came down & said the Council had joyned a Commit-
tee & would attend on the affair in the afternoon.

Convention adjourned till 3 o'clock, P. M.

The Committee of both Houses took under consideration, his
Excell ys Mess a & the two letters therein referr'd to. Adjourned
to Saturday morn s 10 o'clock.

(l)Gen. Thomas Gage, here referred to, was the one who had command in Boston, at
the beginning of the Revolutionary war. His father was Viscount Gage of Castlebar in
the County of Mayo, Ireland. In 1755, he was Lt. Colonel of the 44th regiment in the ex-
pedition against Fort Duquesne under Gen. Braddock, and commmanded the vanguard on
the 9th of July, in the fight which then took place. He was slightly wounded, and after
the battle carried General Braddock off the field. In 1759, under Gen. Amherst, he was
in the attack on Fort Ticonderoga. In 17G0, he was appointed Governor of Montreal, after
the capitulation of that city. In 1761, he was raised to the rank of Major General, and in
1763, succeeded Gen. Amherst as commander of his Majestys forces in North America. In
1770, he rose to be Lieutenant General, residing in New York till 1774, when he removed to
Boston, being appointed Governor of Massachusetts. In May 1775, the Provincial Congress
declared him to be an inveterate enemy of the country, unworthy of the obedience of the
colony. In October, 1775, after the battle of Bunker's Hill, he departed for England, and
died April 2d, 1787.— Ed.

30 PROVINCE OF NEW-HAMPSHIRE. [1764.

Saturday January 28 th 1764.

[p. 386.] The Committee of both Houses for taking under
consideration the subject matter of his Excellencys Speech of the
25 th Instant & the Letters therein Referred to, made their Report
this day, which was read, and

Voted That it be accepted.

Resolved, That Col March with such as the Hon ble Council
shall appoint be a Committee to wait on his Excellency with the
Report, which Report was as follows, viz.

The Committee of Both Houses agreeable to the vote of yesterdays Date
have taken under consideration his Excellencys Message of the 25 th together
with the Letters from the Earle of Halifax & General Gage relative to the
Raising & Paying Two hundred men mentioned in the Generall's Letter &
Recommended In his Excell>' s said Mess a & think it utterly beyond the power
of this Province to Raise & pay such a number of men having no way to
raise money but by a Tax upon the Polls & Estates of the Inhabitants already
burthen'd by the vast expense of the late War beyond any probability of be-
ing able to pay these arrears now annually doubling upon them, & must
agreeable to the several acts by which the sums were Emitted be paid agreea-
ble also to the Act of Parliament & his Majestys repeated Instructions : And
to attempt the raising & paying such a number of* men by an other Emission
of a paper currency would, we apprehend, be fruitless & attended with mis-
chievous consequences well known to every considering person the least ac-
quainted with the circumstances of the Province.

We beg leave farther to mention our opinion of the Earle of Hallifax's Let-
ter which we think was not in bis Majestys Instruction (in the presen case)
to reach this Province; his Majesty "judging it necessary to require the as-
sistance of such of his Colonies as are most Interested by their situation or
" most able by their circumstances to contribute to the general purposes of
"Defence."

[p. 385.] These words the Committee conceive plainly point out the Colo-
nies to expect to joyne in the present expense. We have not taken notice of
the preparation Required of this Province being two-thirds of the. number
resolved to be rais'd by the Governm' of New York and those to serve as
guards within the Limits of that Government; Ours to march to Niagara
&c. this arising from the Generals not being acquainted with peculiar circum-
stances of affairs in this Province — her carriter forbiding any Imputation of
such partiality, and for these Reasons as well as many others, the Committee
are humbly of opinion that it is not advisable to attempt the raising the men,
especially as sundry Tribes of the Southern Indians have lately made their
submission, and are now at peace & quiet, & also the Indians about Lake
Erie, Detroit &c. the Five Nations have absolutely declared their attachment
to his Majesty, as has also Cohanawagus or French Mohock so that the end
proposed by raising these men seem in a great measure answered without
them ; but if a lew stragling Indians should still stand out and molest the
Southern Colonies they are too opulent & too Populous to need or require
any assistance from this Province, who are in the same situation with the
Southern Colonies with respect to such Indians & have from its first settle-
ment to the Date of the late peace with France ever been involved in Indian
wars, without the least aid from the Southern Colonies (then in profound
peace) or one regular soldier in his Majestys pay.

J an>' 28 ,h 1704.

By request of the Committee

Theo d Atkinson, Chairman.

1764.] JOURNAL OF THE HOUSE. 31

Province of New Hampshire

In Council, Jan? 28 th 1764,
Read & ordered to be sent down to the Hon ble Assembly

Theod 1 ' Atkinson, Jun r , Sec?.

[p. 386.] Province of New Hamp r Jan* 28 th 1764.

At a Convention of the members of the General Assembly by
his Excellency's order,

The above report read & accepted & sent up for concurrence.

Henry Sherburne, Speaker.

In Council, Eodem Die
Read & Concurred

Theod. Atkinson, jun a Sec 7 .

. Mr. Sec 7 came into the House and said that his Excellency had
ordered him to inform the members, at this Convention that he
had nothing further to lay before them.

Wednesday April 11 th 1764.
Met according to Prorogation — adjourned till

Thursday, April. 12 th 1764.

Mr. Sec 7 came down & said his Excellency desired the atten-
dance of the Speaker & members present at the Board.

[p. 387.] Mr. Speaker & the House Immediately attended at
the Board, where the President read his Excellency's speech to
Both houses of yesterday's date. After the house had returned
to their Room, Coll Goffe sent to the Board to desire a copy of
his Excellency's speech.

Mr. Sec 7 Brot the same down, a copy of which is on file.

Governor's Message.

[Copied from MS. Gov rs Mess a Vol. III., p. 259-1

Gentlemen of the Council and of the Assembly —

It was my Intention to have put off this Session unto a further day, but
finding that it would interfere with the Courts of Law I avoided it, and as
the public cannot be better served, than wben the Legislative Body give a
strict attention to business, it will give me a great satisfaction to see such a
spirit prevail during the course of this session.

Gentlemen of the Assembly —

As I have no Commands from his Majesty, but what I have frequently and
pressingly laid before you, I must refer you to my former speeches to carry
them into execution so far as it concerns you, — so I shall only recommend
the making an ample provision for the necessary charge of the current year,
in all cases that are essential to support the Honor and dignity of the Gov-
ernment, and that nothing may be wanting on my part to forward a measure
so necessary, I shall direct the Treasurer to prepare his accounts for your
guidance and direction.

82 PROVINCE OF NEW-HAMPSHIRE. [1764.

Gentlemen of the Council and of the Assembly —

As nothing can give me greater pleasure, than to see the prosperity of the
Province during my administration, so I shall take infinite satisfaction in con-
curring in any measures that may have a tendency to advance and secure her
real Interest to the latest Day.

B. Wentwortii.
Council Chamber in
Portsmouth, April 11* 1764.

Voted the Hgn ble H y Sherburne, & Mesheck Weare Esq. be a

Comittee to prepare an answer thereto.

N>£h*4' I Portsmouth, April 10- 1704.

The Committee appointed by vote of the Gen 1 Assembly to receive & tell
over the money that is or may be in the Treasury in the Recess of the Court
belonging to any of the sinking Funds have, agreeable to said vote Received
of George Jaflrey Esq. as Treasurer of s d Province seventeen hundred forty
seven pounds Eight shillings & one penny sterl^-', and agree to Report that
said sum was Rec d from the Committee for drawing Bills of Exchange &
were of the several Emissions, viz.

£3:

15:

Jany 1 st

1759

Apr. 2 d ,

1759

Nov r 1,

1759

217:

Jany 1,

1700

1501:

Mar. 1,

1760

14:

Jany 1,

1761

£1747: 8:
By order of the Committee

Theod. Atkinson, Chairman.

The above Report being read

Voted That it be Received, accepted & allowed, & that the
Comittee bring s d money into the house in the afternoon to be
burnt to ashes. [Which was done accordingly.]

The vote on the agents ace* that went to Albany in the year
1756, which passed this house Jan y '20 th 1763, which was not then
assented to by his Excellency, being Brot into the house was re-
voted cvj the vote thereon was only new Dated, viz. this Day Apr.
12 th 1764. Sent up by Col. Moulton. [Concurred.]

[p. 388.] The Clerk sent to the Board to inquire after all the
votes & acts &©, that had passed the house the last sessions cvjc.

The Sec y Brot down the foregoing acts, with a number of other
votes <fc acts not yet passed on.

[p. 389.] The Committee brot into the house an answer to his
Excell ya speech, which was rend.

Voted That it be accepted &c. a copy of which is on file.

Answer to his Excellency's Speech.

[Copied from MS. Gov re Mess*; Vol. III., p. 261.]
May it please yowr Excellency

Altlio the season of the year ia such as particularly asks our attention to
our Private affairs, and therefore the putting off this session to a further day,
as your Excellency had Intended, must on that account have been very agree-

1764.] JOURNAL OF THE HOUSE. 38

able to us, yet we cannot but be sensible of your Excellency's care for tbe
good of the Community, in not putting off this Session to a time which
would interfere with the Law Courts, where so great a number of persons
from all parts of the Government, even the most remote are obliged to attend,,
which frequently occasions great complaints if those Courts are pnt by.

We are very sensible that a strict attention to the business of the Publick
by those who have the care thereof must be at all times highly necessary,
and that the situation of the Publick affairs of this Province at this time Pe-
culiarly ask for such an attention, which on our part we find a hearty Dispo-
sition to, and doubt not but your Excellency will have the satisfaction of see-
ing this Relative to all the affairs which may be before us.

In making Provision for the necessary charges of the currant year, we shalfc
pay the greatest Regard to his Majesty's Commands at any time signified to
us, and those things which are for the Honour & Dignity and truest Interest
of the Government, as far as we are capable of Promoting them, will be our
highest ambition to pursue. And your Excellency's assurance of the Pleasure
it would be to you to see the Prosperity of the Province during your adminis-
tration and in concurring in any measures that may have a tendency to ad-
vance and secure her real Interest to the latest Day gives us the highest
satisfaction and most pleasing hopes.

Voted that the preceding be sent in answer to his Excellencys
Speech to both Houses of the Eleventh Instant.

S. H. S. S.

[p. 390.] The petition of Timothy Walker Read & ordered to
be heard thereon at 4 o'clock, p. m.

NOTE BY THE EDITOR.

[Inasmuch as the petition presented by Rev. Timothy Walker, minister of the town of
Rumford, forms an important item in the history of the long controversy between the Pro-
prietors of Bow and the inhabitants of Rumford — now Concord — and is of public interest;
it is here inserted in full, from a copy of said petition in the hands of the editor.]

To his Excellency Benning Wentworth Esqr. Capt. General Governor Com-
mander in Chief in & over his Majestys Province of New Hampshire,
The Hon'ble his Majestys Council & House of Eepresentatives in General
Assembly Convened April 11 th 1764.

The humble Petition of Timothy Walker on behalf of himself and the In-
habitants of Rumford so called in said Province,

Sheweth, That the Affairs of the said Inhabitants (so far as relates to Town;
matters) have been in great confusion Ever since the year 1749 for want of the
Power which they had till then enjoyed ever since the year 1741, by the Dis-
trict Act (so called) which this Hon'ble Court say in July 1746 when it was
revived had been found " Convenient both for the Government of this Prov-
ince in General and also the Inhabitants Incorporated therehy in particular.

That altho it has been pretended that they might still have Enjoyed the 1
same priviledges (as Inhabitants of Bow) yet they never understood Matters'
in that light. And for this their opinion and Practice consequential thereup-
on they humbly conceived they would give reasons which would be satisfac-
tory to this Court were they permitted — But to pass overall this — This'
Power or the Exercise of it has been lost to them (if Ever they had it) ever
since March 1756 for want of a first Meeting —

That by the year 1760 they were so heartily tired of such an unsettled state
that they would have been glad to have acted Even under the Incorporation
of Bow, if they could (altho highly inconvenient for them as it blended part
of three townes together whose interests had always been sepperate & would
Consequently be apt to create strife & contention. )

That this Court was apprised of their utter Incapacity of doing Corporate
Act (Even as Bow) by a Letter signed " Jeremiah Stickney," in behalf of him-

34 PROVINCE OF NEW-HAMPSHIRE. [1764.

self and others now on file togeather with their dutiful & ready disposition
to Comply with every motion of this Court, to the utmost of their Power —
That the said Inhabitants conceive themselves greatly aggrieved by a late act
of this Government imposing a heavy Tax on the Inhabitants of Bow as ar-
rears &c. a Tax which Nobody had Power to assess and collect at y 6 time
when y'' s'd arreages become due and which if now done must be laid in
many Instances on wrong Persons.

That what they suffered lor want of the Powers had enjoyed by the first
mention'd District Act was unspeakably more to their Damage than to have
paid their Proportion ot the Province Expence.

That the Incapacity complained of all along still continues and yet the
People are subjected to pay their part of the Current Charge but no body has
power to assess or collect it.

They therefore most humbly Pray that your Excellency and Honors will
take the matters complained of under consideration and dither revive the
said District Act so far as relates to Rumford, or (which wo' 1 be much more
satisfactory to the said Inhabitants) Incorporate them by a standing act and
by their former known Boundaries that the said Inhabitants may be abated
at least one half part of said arrearages.

And that with respect to their part of the Current Charge of the Province
they may be subjected to pay no more than their just proportion with the
other Towns in this Province & grant them such other Relief as in your great
wisdom and goodness you shall see meet.

And your Petitioner as in Duty bound shall ever pray &c.

Timothy Walker.
In Council April 13 th 1764.

Read & Ordered to be sent down to the Hon'ble Assembly.

T. Atkinson, Jun. See y .

[This Petition was followed by a letter addressed to Henry Sherburne,
Esq., who was at this time a Member of the Assembly and Speaker of the
House. — Ed.]

To Honourable Henry Sherburne Esq 1- at Portsmouth per favour of Maj r

Stark.

Rumford Apr 11 26, 1764.
Sir —

I have no manner of Doubt but I could convince the honorable assembly
that y c People of Rumford never had power to act under y e Incorporation of
Bow any further than some special Acts Impowered them to choose officers
to assess & collect y e Province Tax — but 1 apprehend we have no need to
goe back so far for whatever power any of these acts gave them it has been
lost ever since March 1756, In which month Ezra Carter & Moses Foster
Esqrs & John (■handler Gentleman were enabled by an act of July 1755 to call
a meeting of y* Inhabitants of Bow & which meeting they never warned &
no Body that we know of has had any power to warn one ever since 1 under-
stand it has been objected by some of y e Bow Proprietors that y e Incorpora-
tion we ask for would cut their Town into shreads, &c. but the Plan which I
Inclos;' (which is exactly agreeable so far as relates to these matters to that
which Mr. Bede drew by order of court to be used in y° case between Bow &
Bolfe &C.) Shews that part of Suncook which Bow claims lying to y e west-
ward of Merrimack River is a good deal larger than that on y e east side there-
of which is now Pembroke & consequently large enough for a good Parish &
as to y c Rest I can only say that we have upwards of an Hundred Families
settled within & upon y 8 claim of Rumford & so far as I know they to a man
desire to be joined in y c Incorporation — as to any that had Petitioned to be
laid to New 1 lopkinton, could be only those who settled under that part of
Grant which Bow claims — if there are any of our People that petitioned for
that it must he K/.ekiel Dimond, Daniel Chase, Juner tfe Jonathan Chase
which 1 believe Col Gone knows are y e only Families which are at all handy

1764.] JOURNAL OF THE HOUSE. 35

for Hopkinton but I dare be confident that not one of them or any else of
our people have Joined in that Petition but if they have their Names are on
File — and whilst we have thus above an Hundred Families united in a re-
quest for this Incorporation there is not a single Family that I know of set-
tled upon y e Land which we claim except Stinson, if I dont mistake his name
who lives on y e south east corner of our Township & is already taken into
Pembroke and if that corner still remains to Pembroke we shall make no ob-
jection — there are moreover about ten of our Families which are without
Bow claim & consequently pay nothing of the Tax which lies so heavy on y e
rest but they are so situated as not to be convenient for them to be laid to
any of y e Bordering Towns ; please to comunicate this Letter if you think
proper, with my dutiful respects to y e Hon ble assembly — I should have
waited upon them y e 1 st of May, but am unable — as to the Truth of y e Facts
it must be collected from your own minutes &c.

I am S r your most obedient Humble serv*

Tim Walker.
Hon ble Henry Sherburn Es<* r . . _ n _

—4436866

KewH?mp r \ In the house of Kepresentatives May 3 d 1764.

This Petition being read

Voted That what the said town of Bow is now in arrears for the Province
tax be collected agreeable to an Act passed the second of June 1763 that the
Inhabitants settled on the lands between said Bow, Canterbury & New Hop-
kinton (except such as are already polled off to Pembroke & New Hopkinton)
be taxed & pay their proportion thereof & that the inhabitants of Bow with
the inhabitants on all the lands between said Bow, Canterbury, Boscawen,
New Hopkinton (Except such as are already polled of to Pembroke & New
Hopkinton) meet togeather some time in the month of June next at Bow &
choose all necessary Officers for assessing & Collecting the annual province
Tax & for transacting all other town affairs & afterwards some time in the
month of March annually untill further orders of the Gen 11 Assembly & that
he have liberty to bring in a bill accordingly.

A. Clarkson, Clerk.

Whereas wolves have of late come down in great Numbers on
several towns in this Province & have Destroy'd many sheep and
may probably do much more Damage unless sufficient Incourage-
ment for hunting & killing them be given, and as the Bounty for
killing them given by the Laws of the Province seem not suffi-
cient for the present emergency, therefore

Resolved & Voted That the bounty to be paid out of the prov-
ince Treas y for every grown wolfe killed after this date in the cur-
rant year in any of the towns, Parishes or places within this
Province where any Inhabitants reside, shall be seven pounds ten
shillings new Tenor on & above the fifty shillings mentioned in
the act of this Province Entitled an act for the Encouraging the
killing of wolves to be paid by the Treasurer upon a certificate
from a constable in the manner mentioned in said Act& a Certifi-
cate from a justice of the Peace that the party had made solemn
Oath, that such wolf or wolves were killed in some Town or Place
in the Province as above mentioned. Sent up by Mr. Page.

[p. 391.] Mr. Sec y came into the house & said he was directed
T)y his Excellency to prorogue the General Assembly to Tuesday
the first day of May next & said accordingly in his Majestys
name they were prorogued.

36 PROVINCE OF NEW-HAMPSHIRE. [1764.

Tuesday May l 8 * 1764.

Not members sufficient to make a house. Adjourned till

Wednesday May 2 d 1764, p. m.

The Clerk sent to Council Board to Inquire after all the Acts
& votes passed this house last sessions, that were not concurred
by the Council & assented to by his Excellency, who returned &
said he had DD' the Mess a to the President, the Sec y not being at
the Board.

[p. 392.] Voted, That Coll Goffe & Major Richard Downing
be a Committee to wait on his Excell y to inform him there was a
house.

Thursday May 3 d 1764.

The Hon ble Nathan 1 Barrell came down & said his Excell y de-
sired the attendance of the house at the Board. The house im-
mediately attended when the President Read his Excellencys
speech to both Houses of the 1 st Instant, a copy of which is on
file.

Governor's Message.

[Copied from MS. Gov 18 Mess :l , Vol. III., p. 265.]

Gentlemen of the Council and of the Assembly —

At the Instance of the House of Representatives I was prevailed upon to
prorogue you until this day, hopeing to meet you disengaged from your pri-
vate concerns, that your whole attention might be employed in the public
service.

Gentlemen of the Assembly —

Since the Prorogation I have not any commands from his Majesty that Im-
mediately concern you, so that the common & ordinary affairs of the Prov-
ince are the Principal things that lay before you, and since the season calls
for your diligence in discharging your duty to the Public, I shall hope you
will make that your principal object.

Gentlemen of the Council <t* of the Assembly —

The great end of Government is never more fully answered than when the
Legislature unites in support of the Honor, Interest and advancement of the
dignity of the Province. These are, and allways shall be the Standard of my
administration; and if more frequent opportunity's had presented, I should
have made greater advances in those points, anil as they are Elegible in them-
selves so they would have afforded me the greatest pleasure & satisfaction.

B. Wentavorth.
Council Chamber in Portsmouth
May P' 1704.

The lion 1 ' 1 '' Joseph Newmarch Brot down the following nets
&c viz.

Act for town meetings & assessments.

Do. for choice of Representatives.

Do. Small Pox.

Do. for easy partition of Lands or Real Estates.

Do. Sabbath.

1764.]

JOURNAL OF THE HOUSE.

Do. Proprietary meetings.

The Albany agents acc ts .

The vote for bounty on wolves.

Henry Appleton & wife's petition.

The petition of Benj a Page.

The petition of Ichabod Bracket.

The petition of Joseph Baker & Phillip Eastman (a).

Ditto of Henry & Wm. Bostwick about Fling (&).

Ditto of Rowland De Paiba of Albany about do (c).

(a) Jour. C. & Assem. May 2 d P. M. 1764. The petition of Joseph Baker
<fc Phillip Eastman, Collectors of the Province Taxes for the town of Bow
setting forth that they had not been able to collect the whole of the tax &
Praying some further Time may be allowed them &c. &c. Read & sent down.

{b) The Petition of Henry Bostwick & William Bostwick of the City of
Albany setting forth that James Flyng of New Market in this Province was
by virtue of an Execution on a Judgment of the Superiour [Court] in this
Province committed to Goal &c. that the said Flyng broke Goal &c. & Pray-
ing for reasons assigned they might receive the debt due out of the Treasury
&c. Read & sent down, [(c) Petition of Roland De Paiba, the same.]

[p. 394.] His Excellency's speech of the 1 st Instant to both
houses being read,

Voted, That Cap' Thorn 8 W k Waldron, John Wentworth Esq.
& And w Clarkson be a Committee to prepare an answer thereto &
lay the same before the house, as soon as may be.

Friday, May 7 th 1764.

[p. 396.] Voted That the Treasurer send out his warrants for
Collect^ y e Province Tax for the currant year which may be paid
in species agreeable* to the prices fixed to the following Merchant-
able Articles of the- produce of this Province viz.

pr Hundred,
pr Pound
pr Bushell
pr Ditto
pr Ditto
pr Ditto
pr Ditto
pr pound
pr Ditto
pr Ditto
pr Ditto
pr Ditto
pr Ditto
pr Ditto
pr Qaintle
pr Barrell
pr Do
pr Do

pr Thousand
pr Do.
pr Do.

Barr Iron,

£6

Hemp

Indian corn

Bye

Peas

Winter Wheat

Barley

Pork

Beef

Flax

Beeswax

Baberry wax

Well tanned sole leather,

Tallow

Winter & spring cod fish

Pitch

' 10:

Tar

Turpentine

White pine Joyst

White pine boards

White oak two Inch plank,

38 PROVINCE OF NEW-HAMPSHIRE. [1764.

Sent up by John Hale Esq. [concurred.]

Whereas by an Act passed the first of March 1760 for Emitting
Fifteen thousand pounds sterling for the Ends & purposes therein
mentioned Eight thousand pounds of which was Emitted dated
March 1, 1760 &> the Remaining seven thousand pounds was emitted
Dated Jan y 1, 1761, agreeable to said act by which a Tax of five
Thousand pounds ster"is to be collected & paid into the Treasury
by the 25 th day of Dec r next, & whereas large sums of each of
said Emissions have been Rec d into the Treasury by Bills of
[p. 397.] Exchange & Tax in the room of other Bills, which have
burnt to ashes in the face of the General Assembly, by which
means it will be very difficult for the Inhabitants to pay their
Taxes this present year in the Individual ster g money, Therefore

Resolved & voted that the said Tax of five thousand pounds
ster s may be collected & paid into the Treasury in any of the ster s
Bills already Emitted by this government.

Sent up by Sam 1 Emerson, Esq. [concurred.]

The Bill for Easing certain persons therein named, being
Quakers, of a Tax to which they were assessed as in same Act is
Declared, having been read three times,

Voted That it pass to be enacted. S. H. S. S.

P. M.

His Excellences speech of the 1 st Inst to both houses was Re-
turned this afternoon by Mr. Stevens. The house's answer there-
to this day is on file & sent by Mr. Jennes & Capt. Frost.

Answer to his Excellency's /Speech.
[Copied from MS. Gov IS Mess*, Vol. III., p. 267.]

May it please your Excellency —

We beg leave to thank your ExcelU' for your Speech to both houses of y ?
1 st Inst. We are fully sensible that nothing tends more to support the true
Interest & Dignity of the Government than a constant Harmony between
the respective Branches of the Legislature. ■ This we aim at & this we shall
strive cV: hope for.

With the greatest assiduity and pleasure we shall dispatch the business
before us & Hatter ourselves that the salutary bills w dl may be laid before y r
ExcelP this sessions will present a fresh opportunity of enjoying those solid
pleasures which tlow from acts of Benevolence & public spirit.

[p. 398.] Saturday May 5 th 1764.

The Committee appointed to take an Inventory of Starkstown
made their Report yesterday which Report is on file, and

Voted That the petition of Caleb Page having Reference there-
to be dismissed. Sent up by Col, Goffe. [Concurred.]

1764.] JOURNAL OF THE HOUSE. 39

[p. 399.] Tuesday May 8 th 1764.

The Committee appointed to examine the Committee of War's
acc t3 for the year 1762 presented said acc ts this forenoon with their
Report thereon, which was read & is as follows : viz.

Portsmouth, May 7 th 1764.
We being a Committee appointed by the General Assembly to examine the
acc ts of the Committee for transacting affairs Relative to the Expedition for
Raising Troops for securing his Majestys Dominion & Conquest in North
America have carefully Exam d the ace* of Richard Wibird Esq. Chairman of
s d Committee, for the year 1762 & find the same well vouched & Right cast
& that there is a Balance due thereon in favour of the Province of seven
hundred & four pounds sixteen shillings & three pence half penny sterling.

Joseph JSTewmarch ] ~ ... „

A. Clarkson \ Committee.

£704: 16: 31-2Sters.

The said acc f and the above Report being read,
Voted, That the above Report '& the acc ts therein referred to be
accepted & allowed, that the Committee be discharged from y e
Respective sums therein charged against them & that they pay
the Ball 8, due thereon into the Treasury Immediately, to lay till
further order of the General Assembly taking his Rec* therefor.
Sent up by the Clerk. [Concurred.]

[P - 400 - 1 NewHamt'l . Po—th, May 7, 1764.

We being a Committee appointed by the Gen 1 Assembly to examine the
Treasurer's Acc ts have accordingly examined the acc ts of George Jaffrey, Esq
Treasurer of said Province from the last settlem 1 which was on the second
day of Jany 1763 up to this Date wherein he makes a Ballance due to the
Province of three hundred & fourteen pounds twelve shillings sterling in gold
Ballance of Five hundred & twenty six pounds five shillings & four pence & a
half penny sters of the Emissions of sterling money on the credit of this
Governm 1 as well a Ballance of four thousand Eight hundred & thirty nine
pounds six shillings & Ten pence half penny New Tenor due to the Province
& find the same Right cast & well vouched Except as follows, viz. That he
has not accounted for the Province Tax for 1763 & only for about half the
Excise for the years 1762 & 1763, & there is still more money to be accounted
for by way of Bonds. Likewise the s d Treasurer has not accounted for the
outstanding Taxes as Rendered in s d acc ts , viz. for seven thousand one hun-
dred & fourteen pounds two shillings & six pence new Tenor & for one hun-
dred forty eight pounds nineteen shillings & six pence sterling which after
the several Ballances ought & should be the second Entry in his next acco t —
all which is humbly submitted

Theod 1 ' Atkinson ]

I. Kline [ «ttee.
A. Clarkson J

The Treasurer's Ace 1 & the above Report thereon being read,
Voted & Resolved that the said Treasurer's acc ts & the above
Report thereon be Rec d , accepted & allowed, and that the Treas-
urer not only charge himself with the Respective Ballances men-
tioned therein but with the several sums therein said to be out-

40 PROVINCE OF NEW-HAMPSHIRE. [1764.

standing, as pr his ace' Rendered of outstanding Taxes in his
next Ace 1 to be rendered as Treasurer of said Province, and that
the Treasurer be allowed to charge the Governm* in his next ace 1
with one hundred & thirty three pounds six shillings & Eight
pence sterl g as Sallary allowed him from Jan y 2 d 1763, to the sec-
ond day of May Instant, it being one year & five months (at one
hundred pounds ster 8 pr year. S. EL S. S.

Sent up by Mr. Jennes & Emerson. [Concurred.]
[p. 401.] The petition of the selectmen of the town of Ports-
mouth being read (a).

(a) Jour. C. & Assem. May 8, 1764. Mr. Frost from the house brot up the
petition of the Selectmen of Portsmoutli setting forth the Inconveniency of
holding their Town meetings in the Meeting-house, & desiring Liberty to
have Town meetings in the State House, with a vote of the house thereon
settling the terms, &c.

Voted That the prayer of the said Petition be granted in the
following manner, viz. That the Town of Portsm have Liberty
of holding their Town meetings for the future in the lower Room
of the State house, Provided the town at their own Expence will
finish in a Decent & handsome manner the room upon the lower
floor of the State House, finding all the materials for plaistering,
ceiling & whatever is necessary that the same may be finished in
a workmanlike manner, and cause the same to be so finished
within a reasonable time.

Sent up by Major Wright.

[p. 40(3.] The petition of the Agent of the Town of Newing-
ton praying for a Btraight line between them & Portsmouth:

Upon reading said petition of John Knight Esq. & John Pick-
erin as agents for the Parish of Newington to have a strait line
from a place called Grays at Piscataqua river to Pickerins Farm at
Great Hay as the dividing Line between s (l Newington & Ports-
mouth, it was agreed by the agents for both places afores d , that a
plan should be taken representing the line as it now runs between
said Parish & Portsmouth, cvj the line prayed for by said petition,
likewise the Farms divided by both said lines & who are the own-
ers, tfc the several publick Highways running near each of said
lines *fc the houses standing on said Farms, and that Simeon Dear-
born of Greenland be the surveyor to take said plan, who shall
take two Indifferent chainmen & put them on oath, not to be of
Portsmouth or Newington, to be done as soon as may be.

Voted Thai (he said Simeon Dearborn be <fc hereby is appointed
to take said Plan &c & to make Report to the General Assembly
as soon as may be.

Sent up by Mr. Blanchard. [Concurred.]

1764. j JOURNAL OF THE HOUSE. 41

Thursday, May 10 th 1764.

[p. 407.] Whereas the Committee, for Transacting affairs on
the part of the Governm 1 Relative to the Sundry late Expeditions
in North America, have this day informed the house that they
have a Quantity of small arms & other stores in their Custody
belonging to this Province & desired the opinion of this house
to know in what manner they would have them disposed of,
Therefore,

Voted, That the}'' be desired to have them sold at Publick ven-
due for the most they will fetch, giving Public notice of time &
place of sale in the New Hampshire Gazette three weeks succes-
sively, and after the proper charges arising by said sale are de-
ducted, that they pay the Remainder of said niontey into the
Treasury taking y e Treasurer's Rec* therefor, there to remain till
further orders of the General Assembly, & that said Committee
lay their ace* of sales thereof before the house as soon as may be.

Sent up by Major Blanchard. [Concurred.]

The petition ot the Inhabitants of the Parish of Rye & Portsm
praying Leave for a Lottery to enable them to purchase a highway
thro' said Parish being Read,

Voted, That the prayer thereof be granted & that the petition-
ers have leave to bring in a bill accordingly. Sent up by Mr.
Wiggin.

P. M.

Invoice of Sundry Weights & Measures shipt on board the
Treyton, Captain Edmund Coffin for New England, in ace* &
Risque of the Province of New Hampshire & consigned to select-
men of said Province.

P. 1ST. H. A Cask.
1 Brass bushell measure £10: 10

1 half bushell

15: 6

1 peck

1 half peck

1 Quarter peck

1 full quart

1 pint

1 half pint

1 gill

1 half gill

1 wine quart standard measure

15 Brass Bell w*

from 56 to 1 Dram

Sizing & sealing

the above

7: 6

1 large & 1 smal

1 sett of stamps

2 a Cask q c

37: 8

1 Ell & yard

11: 6

1 Brass Instrum t for guaging

Cask by Gunter

1 Neat Strong Steel Beam with Ropes

&c.| 7;

Scales to weigh 400 c

2 Cask

»11: 19: 6

£49: 7: 6

42 PROVINCE OF NEW-HAMPSHIRE. [1764.

Amount brought forward £49: 7:6
Charges.
Entry shipping & Bills of Lading 7: 6

Insurance £50 at 50s pr cent 1 : 5 :

Sterling 51: 0:

London, July 30 th

Errors Excepted,

For Trecothick & Thomlinson

pr George Apthorp.

The Treasurer's Receipt for the above articles being lodge in the Treasury,
which Rec 1 was wrote on the Invoice & is as follows : viz.

Province of New Hampshire, April 3 (1 1764, Received the above articles into
the Province Treasury to be used as the General Assembly shall order.

pr Geo. Jaffrey.

The President Bro't down the original & left it with the Speaker of which
y e above is a copy & the original sent up to the Board pr the Clerk.

Friday May 11 th 1764.

[p. 409.] Voted, That Col Weare, Col Gilman, Col March
Capt. Waldron, Major Blanchard, John Hale Esq s be a Committee
of this house to wait on his Excellency & confer with him about
dividing the Province into Coimtys & to Inform him that there is
a number of Bills of Great Consequence that can't possibly be
compleeted this week & to desire his F^xcellency to adjourn the
house to a short day for that Reason.

P. M.

The petition of Robert Thompson praying relief in certain
deeds given by him of certain lands, to Major Joseph Smith <fc
Thomas Chesley of Durham, being read,

The House took the mutter under consideration, and Refer'd
the affair to Captain Thomas W k Waldron <fc Andrew Clarkson
for their Inspective Examination & strict scrutiny in order that'
strict Justice, if possible may be done to both parties & make Re-
port to this house thereon as soon as may be.

[p. 410.] Saturday, May 12 th 1764.

The Committee made their Report on the petition of Robert
Thomson, w ch was read & is :is follows, viz.

Ports , May 11 th , 1764.

Agreeable to the ahove vote we have heard both parties & examined into s (1

affair and all matters relative thereto, Do agree to Report, that if the said

Robert Tompson, on or before the first day of July next, pay unto the s d

Smith A' rhesley the sum of four thousand three hundred and thirty six

1764.] JOURNAL OF THE HOUSE. 43

pounds six shillings, old Tenor, in any of the money on the Credit of this
Government, that the said Smith & Chesley shall be obliged to give unto the
s d Robert their Deed or Deeds of s d Lands as mentioned in s d petition (not a
Warrantee) and that they at the same time deliver unto the same Tompson
all his Notes of hand they have against him to this day : But on failure
thereof the Lands mentioned in s d Petition shall be and remain the property
of s d Smith and Chesley for Ever, as they having paid the full value thereof;
and in this case the s d Smith & Chesley shall on the before mentioned Day of
payment Deliver up unto the s d Rob 1 ^ Tompson all his Notes of hand as above
mentioned, they then having no right to Detain them.

All which is humbly submitted,

Thorn 8 W k Waldron
A. Clarkson.

The said Petition & this Report thereon being read,

Voted & Resolved that the above Report be Received and ac-
cepted and that the parties conform thereto. Sent up for concur-
rence. [Concurred.]

Whereas a Bill passed this house the 3 d Instant Intituled an act
for ascertaining what places may send Representatives to the
General Assembly, with a suspended clause not to be in force till
his Majesty's pleasure should be known, therefore

Voted, That the Committee appointed to correspond with the
agents of this Province at the Court of Great Britain forward an
[p. 411.] authenticated copy of said Bill under the Province seal
to the said agents & direct them to use their utmost endeavours
to obtain the Royall approbation thereof.

Sent up by the Clerk (a). [Concurred.]

{a) Votes, acc ts , bills &c. passed by the House and concurred by the Coun-
cil, from April 11 th to May 12 th , 1764.

Jour. C. & Assem. Benjamin Page, allowed for two sons viz. Jeremiah &
Samuel, wounded in the service at Oswego, £4 : 17 : 6 sterling.

Henry Appleton's petition to be allowed to sell real estate — leave to bring
in a bill & passed.

Wyseman Claggett Esq. as agent for Ichabod Brackett, of New Market,
petition denied.

Additional bounty on Wolves heads, £7: 10 New Tenor.

Petition of Martha Pearson, granted, for a partition of a piece of land.

John Robinson, allowed £8 sterl* for service in 1762, under command of
Captain Beedel.

Sterling bills of the Province to be received in payment of Taxes.

Supply Bill for granting to his Majesty £3000 New Tenor, passed. Fish
act, passed.

An act for the partition of Real estate in common.

Governor's house rent, allowed £250 new Tenor, one year.

Matthew Livermore, as Attorney General, allowed £30: N. Ten r

Rev. Samuel Langdon & Rev. Sam 1 Haven, each 12: 10 "

Theodore Atkinson, jun. Secy allowed 300 :

Thomas Packer, sheriff 40: ; '

Capt. Bell, of Fort Wm. & Mary, allowed £50: 9 N. Ten 1 '.

Also Capt. Bell's muster roll allowed, £1126: 2 N. Ten 1 '.

Daniel Fowle for printing, allowed £55: 1.

Theod. Atkinson, jun. for books &c. in his office, allowed £79: 10 old Ten 1

Henry Sherburne, Esq. allowed £14: 12: 6 new Ten r .

Hon. Theo. Atkinson, for telling money, allowed £10 : 16 sterling.

Act to ascertain a certain inheritance, passed.

'44 PROVINCE OF NEW-HAMPSHIRE. [1764.

Bill for the choice of Representatives, passed.
Quaker act, passed.

Mrs. Elizabeth Pascal, allowed to dispose of land, &c.
Bow act relating to collecting arrearages of taxes, passed.
An act to enable Ebenezer Miller of Braintree, Mass. to sell land in Bedford,
N. H.

Mr. Sec y came 'down & Informed the house that he was directed
by his Excellency to adjourn the General Assembly to Tuesday
the 12 th day of June next & then to meet at this place at 10
o'clock before noon, & said accordingly in his Majesties name
they were adjourned.

Tuesday, June 12 th 1764.

Not a sufficient number of members to make a house — ad-
journed till

Wednesday, 3 o'clock, P. M.

Voted that a message be sent to the board to Inquire If any
of the acts & votes that past this house the last session, laid be-
fore them not concurred, & if there was any that was concurred
& not assented to by his Excellency. The Clerk was sent up
with the above Mess u (a).

(a) Jour. C. & Assem. There were present of his Majesty's Council, at
this session,

His Excellency Benning Wentworth, Esq. Governor.
Theodore Atkinson ) Joseph Newraarch ]

Richard Wibird ! -,, James Nevin I -p,

John Downiug f J ' sqs> Theodore Atkinson jun f ** qs '

Daniel Warner J Nathaniel Barrell J

Thursday June 14 th 1764.

The petition of Edw d Russell for himself & behalf of the Rest
praying for Easm 1 of Taxes in Bow as paying towards their former
arrearages.

[p. 41 "J.] Upon reading the within Petition, (a)

(a) Jour. C. & Assem. June 14, 17(54. The petition of Edward Russell &
alii Representing the unreasonable Tux laid on them to pay the arrearages of
said Town, their Poverty &c. A- beg they may be released from Paying the
Tax to arrearages due to the Province from said Town of Bow. Read & sent
down (1).

Voted That the Petitioners be heard thereon the 2 a day of the
sitting of the General Assembly after the first day of August next
& that the Petitioners at their own cost serve the selectmen of
Pembrook, Ezra Carter Esq. and Capt John Chandler of said

(l)See Bald Petition in Seoy'B Office, " Towns," Vol. I., Bow. — Ed.

1764.] JOURNAL OF THE HOUSE. 45

Bow, who are by act appointed to make the Assessments for the
tax referred to in the within petition, with a copy of this Petition
& order of Court thereon that they may appear & shew- cause if
any they have why the prayer thereof should not be granted ;
and further it is Resolved that the 'Collectors appointed for col-
lecting said tax shall forbear collecting the proportion assessed on
the within Petitioners untill the time herein appointed for a
hearing. S. H. S. S.

Sent up by Maj 1 ' Elan chard. [Concurred.]

[p. 415.] Voted That the Hon b]e Henry Sherburne, Meshech
Wear Esq. Col Peter Gilman, George Frost Esq. & Andrew
Clarkson be a Committee of this House to joyn with such as may
be appointed by the Hon ble his Majesties Council to take under
consideration the state of the Currency»of y e Province & what
may be done for establishing silver & gold as a tender in Law, &
at what Rate it shall answer for Debts already contracted or any
other method which may be found most salutary for Establishing
our medium so that Justice may take place & oppression be pre-
vented : Also to take under consideration whether it would not
be proper in some measure to Restrain persons from taking so
large Interest as is now commonly paid in the Province, and to
make Report to the Gen 1 Assembly, as soon as may be.

Sent up by Christopher Tappan Esq. [Concurred & Com tee
appointed.]

Friday June 15 th 1764.

The petition of Col Jon a Moulton as Guardian to the children
of Nath 1 Weare late of Hampton Falls, Deceased being read, (a)

Ordered, That the Petitioner be heard thereon next Wednesday
& that he cause the mother of the said orphans to be served with
a coppy of this petition & order of Court thereon, that she may
appear & shew cause if any she have why the prayer thereof
should [not] be granted.

Sent up by Mr. Tappin.

(a) Jour. C. & Assem. June 15, 1764. " Desiring Liberty to sell land for
the maintenance of orphans &c. as is therein declared."

[p. 416.] The Report of the Committee for Revising the body
of Laws being presented by them this forenoon & Read.

P.M.

We the Subscribers being chosen a Committee to Examine the acts of this
Province as they stand in the new printed Law Book & to make Eeport
thereon in order to their being Established have carefully perused the same &
compared them with the acts in force and have noted down what variations
we have observed, setting down the manner in which they are expressed both
in the new and in the old, that the difference may readily appear to be judged
of by the Court.

46 PROVINCE OF NEW-HAMPSHIRE. [1764.

The foregoing (1) arc all the variations we find between the old & the new
Edition so far as we have been able to compare, for such as are printed from
Manuscript copie we could not compare not having them in our hands &
having considered the alterations as we went along we are of opinion that
two or three of the alterations made are not so salutary as in the old Edition,
namely the alteration in the act for making affidavits out of Court by the new
they cannot be taken on account of the distance from Court unless it be 20
miles from the place of Tryal, whereas by the old they might be taken if more
than five miles which we apprehend Better, — so in the Act for Regulating
Town & Proprietary Meetings by the new ten freeholders may Require a
[p. 417.] town meeting to be called; by the old they might have any matter
inserted in the next warning for a meeting, which we think better; In the
second paragraph of the Act for making Lands & Tenaments lyable to pay
Debts there is misprinted the word offender for the word officer which should
be altered — So in the Act for Regulating the choice of Assembly-men, by the
new the application is not to be to the Gen 1 Assembly unless the moderator
& selectmen are divided in opinion, which we apprehend not so well as it was
before when application was* to be made to the Gen 1 Assembly upon any de-
termination of the moderator and selectmen, these paragraphs we apprehend
it best they should be established as they stood before ; as for the other altera-
tions we apprehend them to be in general more explicit and agreeable to the
spirit of the old & that it would be salutary to the Province that they should
be passed as a Body of Laws, all which is humbly submitted by

Meshech Weare
Peter Oilman

Voted that the above Report be Received accepted & allowed
& that a Bill be Immediately prepared agreeable to said Report.

Sent up by Mr. Toppan. [Concurred.]

[p. 418.] 'Mr. Sec y Brot Down his Excellences Mess* to both
houses of this date with the memorial of the President & Fellows
of Harvard College praying for some Relief or grant for Building
a new College &c. being read.

Governors Message.
[Copied from MS. Gov rfi Mess* Vol. Ill, p. 209.1

Gentlemen of the Council and of the Assembly —

I have directed the Secretary to Lay before you the address of the Presi-
dent & Fellows of Harvard College in Cambridge, in the Province of the
Massachusetts Bay.

The misfortune which occasioned this memorial is so well known to you,
that I need not spend time in urging your benevolence on the occasion, and
whatever grant you think consistant for you to make will be perfectly agree-
able to me (2). I

B. Wentworth.
In Council,
Portsmouth, June 15 th 1764.

(l) The particular variations arc no1 put down.— Ed.

(2)A distressing fire occurred a1 Cambridge on the 25th of January] 1764. It was discor-
ered soon after 12 o'clock in the morning, iii what was then called the Old College, or H;ir-
vaiii Hall, which was entirely consumed, together with the Library, and the extensive
Philosophical Apparatus. Stoughton and Massachusetts Halls were preserved from the
Barnes with greal difficulty, they having been on tire several times. The tire was supposed
t^> have originated under the hearth (which was laid upon timber) as it had been Kept up
for :i week or more fur the accommodation of the General Court then sittin.u: there. They
bad been driven from tin; Town Hall in Boston bj Hie Small 1\>\. The Library room of

the college was occupied by the Governor and Council, and the Representatives had a
room below. Harvard Hall was four stories high, ninety-seren feet in length, forty-two in
breadth, and had been built almost one hundred years. — Drake's Hist. Boston. p. (578.

1764.] JOURNAL OF THE HOUSE. 47

Saturday June 16 th 1764.

The memorial of Edward Holyoke, Pres* in the name of the
corporation, with the consent of the Hon bie & Rev d the Board of
Overseers, praying for a grant to Harvard College, being read, the
Question was put, Whether the house would make any grant & it
passed in the affirmative — a motion being made for its laying till
a further house, 'twas granted & ordered to be heard next Wednes-
day, and the Clerk was order'd to send to all the members to give
their attendance.

[p. 419.] Tuesday June 19 th 1764.

Voted That Richard Jennis the 3 d Esq. & Andrew Clarkson be
a Committee of this house to joyn with such as may be appointed
by the Hon ble Board for finishing the State house that they be
supply'd with money in the Treasury for contingencies & lay their
acc ts of the charge thereof before the General Assembly as soon
as may be. Sent up by the Clerk. [Concurred and a Com tee
added.]

' P. M.

[p. 420 J The Committee of the House & Council attended
this afternoon, in consequence of a vote of this house y e 14 th
Instant Relative to the stating of our moneys & Interest taken
thereon (which took the whole afternoon.)

Wednesday June 20 th 1764.

The Memorial of Edward Holyoke, Presid' of Harvard Col-
lege (1) as well in his own name as in the name of others as
minuted on the Records last Saturday being read, as well his
Excellencys Mess a to both houses of the 15 th Instant.

The House took the matter under consideration, and the Ques-
tion being put Whether the house would reconsider the Question
(relative thereto) Last Saturday, which past in the Affirmative,
and it past in the negative, & all the affair being sett on foot
again, & after many debates thereon & the subject matter thereof
maturely considered,

Resolved & Voted, That there be granted toward Restoring y c
Philosophical apparatus for the use of the said society three hun-
dred pounds sterl s to be paid unto the memorialist, That the Com-
mittee appointed by Act of governm* for Drawing Bills on the
agents of this Province at London be & are hereby directed &
Impower'd Immediately to draw Bills for said sum on the said
agent in favour of the memorialist for the use aforesaid. Sent up
by the clerk. [Concurred.]

(1) This memorial has not been found.— Ed.

48 PROVINCE OF NEW-HAMPSHIRE. [1764.

Thursday June 21 Bt 1764.

[p. 421.] This forenoon was taken up in Conference about di-
viding the Province into Countys &c. & after sundry Debates
thereon, the house

Voted That Col Weare, Col Oilman & Major Blanchard be a
Committee of this house to waite on his Excellency & confer with
him thereon & make Report to this house as soon as may be.

[p. 422.] Friday June 22 d 1764.

The Committee appointed to waite on his Excellency yesterday
to confer with him about Dividing the Province into Countys,
who inform' d the house this forenoon that they had Deliver'd y e
Mess a & his Excellency said he would take the matter under con-
sideration.

P.M.

The petition of all the members of the Gen 1 Assembly to his
Excellency the Governor & his Majestys Council praying for a
Township of land below & adjoining to Haverhill on Connecticut
River, being read —

[p. 423.] ' Voted That Coll Clem 1 March, Col John Goffe
Major Rich d Downing & Samuel Emerson Esq 1 " immediately wait
on his Excellency with said petition.

Sundry arguments & Debates in the house this afternoon of
consequence to the Governm 1 Relative to sundry acts to be past
for the good of the Community, such as the Act for settl 8 a medi-
um, state" the currency for a lawful tender, state*-' y e per cent of
Interest &c. the Bill for the relief of poor Prisoners &c. the Bill
for Regulating & Establishing the assize & price of white Loaf
Bread <fc Bisket &c. & all ordered to be prepared against the meet-
ing of the Assembly.

Saturday, June 23 d 1764.

The Committee appointed of yesterday to wait on his Excel-
lency Relative to the houses' petition for a Township, did accor-
dingly waite on his Excellency last evening & this morning made
their Report w ch was, That his Excellency said the Petitioners
prayer should be granted. The house Immediately took said Re-
port under consideration, a motion was made by the Speaker to
know the minds of the house, Whether they would vote in the
Heirs to the Estate of Ele.-izer Russell Esq. late a member of the
present house, who deceased since the last meeting of this house,
•a share in said Township, & it past in the affirmative by a unani-
mous vote, & on a motion being made by a member, second'd &
third'd that Ezekiel Gummer the present doorkeeper might be

1764.] JOURNAL OF THE HOUSE. 49

voted in as a proprietor in said Township, & it passed in the af-
firmative, and

Voted that Col Clement March Esq, be appointed & he is
hereby appointed in behalf of the house to see to & make dili-
gence to get the charter for said Township compleated agreeable
to the prayer of said petition.

[p. 424] Wherens the Sterling Bills emitted on the Credit of
this Governnr in the year 1761, 1762, 1763, are to be redeem'd in
silver or gold or Bills of Exchange in order to keep up the credit
thereof, & in complyance with the several acts, it is absolutely
necessary that the Treasury should be supply' d with silver or gold
to exchange such of the Bills as may be tender'd for that End,
by the Exchange of which the silver or gold may have a longer
circulation in the Province & be longer continued among us as a
medium of Trade, Therefore,

Resolved & Voted, That the Committee appointed to draw
bills on y e Agents of this Province at London be & hereby are
directed & Impowered to draw on the s d agents for a Sum not
exceeding one Thousand pounds sterling to be by them disposed
of for the best advantage of the Province for silver & gold to be
paid into the Treasury & there lay for the Redemption of said
Sterling Bills of Credit as the General Assembly may order.

Sent up by the Clerk. [Concurred.] S. H. S. S.

[p. 426.] The Committee appointed by vote of this house to
Inspect into the Laws of this Governing lately reported & to make
Report of their doings therein as soon as may be, what they
thought might be advisable & most salutary for the government
for this house to do relative to their passing an Act to Establish
the same as the Laws of the Province, Presented their ace 1 of
their time &c this forenoon amounting to eight Pounds sterl g
which was read, and

Voted unauimously that said Ace* being equal to fifty pounds
new tenor be allowed and paid to the Hon ble Meshech Weare Esq
or his order for the use of said Committee out of money in the
Treasury for contingencies. Sent up by Sam 1 Emerson. [Con-
curred] (a).

(a) Other votes, Bills &c. passed by the house and concurred by the Coun-
cil, from June 14 th to June 23 d 1764.

Wm. Jenkins petition for a re-hearing in a cause in law, granted.

Archelaus Moor petition to be set off to Canterbury &c. hearing granted.

Thomas Lenning, a soldier, allowed wages.

Ezra Carter's petition — a hearing granted.

Bill incorporating a new Parish in westerly part of Brentwood.

Report of Com tee for telling money in the Treasury — accepted & acc { of
said Committee allowed.

Solomon Hutchins of Amherst, allowed £2 sterling for money burnt up in
his house.

James Fullerton, of Chester, allowed £10 old Tenor for money burnt up in
his house.

50 PROVINCE OF NEW-HAMPSHIRE.

[1765.

[p. 427.] Mr. Sec y came into the house & said he was directed
by his Excellency to inform the house that he was ordered to ad-
journ y m to Tuesduy the 21 st of Aug st next, & then to meet at the
State house at 10 o'clock before noon, & that the attendance of
all the members was desired at that time to Enter on Business of
Great Importance, & Accordingly said in his Majesties name they
were adjourned.

Tuesday, August 21 st 1764.

His Excellency by his proclamation in the New Hampshire
Historical Chronicle of August 17, 1764, Number 411, did further
adjourn the General Assembly of this Province to Tuesday the
second day of October next, then to meet at Portsmouth in said
Province at Ten o'clock in the forenoon, & all persons concerned,
are to take notice and govern themselves accordingly.

NOTE.

[The General Assembly was still further adjourned till Tuesday, 10 th Nov 1 "
1764; Then to Wednesday December 26 th , when, " it being a violent storm of
snow not members enough for a house ;" then adjourned to Dec 27 th , " the
storm continuing violent;" then to Dec r 28 th , "the storm continuing;" to
29 th , 30 th , 31 st " the storm still continuing and not members enough come to
town to make a house;" January 1 st 1765, "The Travelling so Excessive bad
the members could not get in & many that did was obliged to come with
Rackets;" Jan> r 2 d " bad travelling;" Jan? 3 d , "still bad travelling;" Jan-v 4 th
" not members sufficient to make a house come in yet." — Ed.1

[p. 429.] Saturday, January 5 th 1765.

The Clerk was advis'd to write to all the absent members to
give their attendance next Monday without fail, w ch was done,
some sent pr the members, the other Letters sent by way of Ex-
press pr Hubbard's man.

[p. 430.] The travelling still continuing very bad & difficult
(no house till)

Tuesday, Jan* 8 th 1765.

A Letter from a Committee of the Gen 1 Assembly of the Mas-
sachusetts & another Letter from a Committee of the Assembly
of the Colony of Rhode Island, directed to the Speak 1- of this
house Relative to send g a Remonstrance home for Endeavoring a
Repeal of the sugar Act preventing a stamp Act or any other Im-
positions and Taxes upon this & the other American Coloneys &c,
&c. being read (1),

The Son w " Daniel Warner & Joseph Newmarch Esq. came

(1) These lottera have not been found.— Ed.

1765. J JOURNAL OF THE HOUSE. 51

down & said His Excellency desired the attendance at the Coun-
cil Board. The Speaker with the house attended at the Board,
when the President read his Excellency's Mess a to Both Houses.

Governor's Message.

[Copied from MS. Gov™ Mess a Vol. Ill, p. 271.J

Gentlemen of the Council & of the Assembly —

I should not have met you in General Assembly at this Inclement season,
had I not thought it necessary to give you an opportunity to perfect such
votes & Resolutions as remain unfinished, the period for dissolving the pres-
ent Assembly being near at hand.

Mr. Speaker & Gentlemen of the Assembly —

I have authority from the President & overseers of Harvard College to ac-
quaint you, that ample provision is made for replacing the Philosophical Ap-
paratus by another hand, so that the donation intended by this Government
for that use, can be of no service as your vote now stands, unless you think
proper to enlarge it, which I persuade myself you will readily do, by sending
up a vote that the money intended as a donation for the apparatus shall be
made use of to purchase a Library of books, which are to be distinguished in
the Public Library by the name of the New Hampshire Library, &c. allsothat
the New Hampshire students, as soon as they are qualified to take books out
of the Library shall have the preference in using the books of that Library;
your donation by this method will be fixed on a more lasting foundation than
if applied to the apparatus, and when you have duly weighed my proposal, I
shall hope for your concurring with my sentiments.

Gentlemen of the Council and of the Assembly —

If I can contribute to the dispatch of the Public business, or be any ways
assisting therein, I shall embrace every opportunity that presents consistant
with duty to my Roy all Master's commands.

B. Wentworth.
Council Chamber in
Portsmouth, December 27 th 1764.

The House took the Province Taxes under consideration (for
the year 1764 & 1765) & come to the following Resolve.

Whereas by several Acts made & passed in this Province for
emitting of Sterling Bills of Credit, there is a Tax laid on the
Poles & Estates within said Province of Five Thousand pounds
sterling, to be paid into the Treasury by "he 25 lh Day of Decem-
ber 1764, and also a Tax of Five thousand pounds sterling on the
[p. 431.] Poles & Estates to be paid into the Treasury by the 25 th
Dec r 1765, neither of which Taxes are yet paid in or collected, — &

Whereas by the Acts for Emitting said Bills in the year 1760
& 1761, It is provided that in case the Agent of this Province
shall at the respective Periods have any money in his hands be-
longing to the Province, the same or sufficient part thereof shall
be improved for the calling in & sinking said Bills, & the Com-
mittee appointed for drawing Bills on the Agent or the major
part of them Impowered to Draw Bills on said agent for sinking
the said sterl g Bills, & that in such case the said Tax should be re-
mitted or lessen'd in Proportion to what the said Committee
should be enabled to draw for &c. And

52 PKOVINCE OF NEW-HAMPBHIRE. [1765.

Whereas it appears by the Agents Acc u now laid before the
General Assembly that there is money enough in his hands be-
longing to the Province to sink all the sterling Bills emitted in the
said years 1760 & 1761 now Extant,

Resolved & Voted, That the said Tax of five Thousand Pounds
sterl* to be paid by the 25 tb Dec r 1764 & the Tax of Five Thou-
sand pounds ster 8 to be collected & paid by the 25 th of Dec r 1765,
be remitted & that the Committee appointed to Draw Bills on
the agent immediately draw Bills for sinking all the ster 8 Bills
Emitted in the said year 1760 & 1761. that may be now Extant,
& that they give publick notice thereof in the Gazette as soon as
may be, & that the Treasurer forthwith notify the Selectmen of
the Towns & Parishes where his warrants have been sent for col-
lecting of the s d Tax for the year 1764, that the said Taxis not to
be collected or paid, &

Whereas there is the sum of Twelve Thousand Pounds sterl g
belonging to this Province in the publick stocks at London under
the care of the agents, It is further Resolved & Voted that it be
sold out as soon as conveniently may be & the produce thereof
Improved for sinking the Remainder of the sterl g Bills, & all the
other Bills of Credit now circulating in the Province.

Sent up by Mess rs Frost, Wright & Jennes. [Concurred.]

[p. 432.] Wednesday, Jan* 9 th 1765.

Sundry members applyed to be set down for Monday last they
having come from home in order to attend on the Assembly, but
the travelling still being bad could not get to town till yesterday,
& the house allowed them to be set down ; & thus in the like case
it often happens that there's not members Enough to make a
house, as may appear by the minutes, & yet a number sufficient
set down in the collum of that Day for their allowance &c. This
minute is made that in case any member should compair both the
above minutes, they might easily see the Reason.

P. M.

[p. 483 ] The petition of Barnstead & Chichester praying for
a Com tct ' to Establish their Boundaries, being read,

Voted, That the prayer thereof be granted, & that the Hon ble
Meshech Weare, John Wentworth Esq. & Lieut John M'Duffey
be a Committee ot this house to joyn with such as may be ap
pointed by the Hon ble Board to perambulate <fec. the lines between
the said Townships & make Report of their doings therein to the
General Assembly as soon as may be, & that they notify the Se-
lectmen of the several Towns interested, of the time of such per-
ambulation &c.

Sent up by the Clerk, [Read & concurred].

1765.] JOURNAL OF THE HOUSE. 53

Friday, Jan* 11 th 1765.

[p. 437.] Whereas the agents for this Province at the Court
of Great Britain have apprised the Government that Pursuant to
an order of the Right Hon ble the Lords Commissioners of his Maj-
estys Treasury & an agreement made by the agents of the several
Provinces or Colonies in North America, the Province of Pensil-
vania is to pay unto this Province the sum of five hundred & five
pounds eighteen shillings & six pence sterling part of ten thousand
nine hundred forty seven pounds sterl g which was paid to the said
Province of Pensilvania more than the true Proportion of a grant
of Parliament made to the s d Provinces or Colonies in the year
1761 for the year 1760

Resolved & Voted that the Hon ble Theodore Atkinson, Richard
Wibird, Henry Sherburne, & Meshech Weare Esq. the Committee
appointed to draw Bills of Exchange for sinking Bills of Credit
of this Province, or the major part of them be & they hereby are
Impowered to Draw Bills of Exchange for the said sum of five
hundred & five pounds eighteen shillings & six pence sterl g & give
proper discharge therefor, that the Bills of Exchange be disposed
of for silver & Gold to be paid into the Treasury for the Redemp-
tion of the sterl g Bills of Credit of this Province emitted in the
year 1760 & 1761. S. H. S. S.

Saturday, Jan? 12 th 1765.

[p. 438.] Yesterday His Excellency's Mess a of the 27 th ultimo
was Read, & a motion being made that the vote which passed the
house June the 20 th 1764 for granting three hundred pounds sterl g
for Restoring the Philosophical Apparatus to Harvard College in
Cambridge in the Massachusetts Bay, should be sent for to the
Council Board, Mr. Speaker saying there was not a house suffi-
cient then present to send for it, as the house did not consist of so
many members this day, as when s d vote passed & that 'twould
be breaking through all Rules of the house to send for said vote
with a minor & sundry others of the house acquiesced therein,
But was overruled & a Mess a sent to the Board to desire that
said vote might be sent down to the house —

[p. 439.] The Sec y Brot down said vote Relative to Harvard
College, Delivered it to the Speaker saying that when the house
had made what use of it they should see meet that the Council
expected said vote Returned to them.

This forenoon his Excellencys Mess a to both houses of the 27 th
ultimo was again read & the vote of this house of the 20 th June
1764 for granting three hundred pounds sterl s to Harvard College
in the Mass a Bay for purchasing a Philosophical Apparatus,

The house took the matter under consideration & after many
Debates thereon came to the following vote, —

Voted, That whereas there is not so many members now present,

54 PROVINCE OF NEW-HAMPSHIRE. [1765.

as there was when said vote for £300 ster lg was granted for sup-
plying the Philosophical Apparatus at Harvard College in the
Mass a Bay, that 'twould be breaking through all Rules of this
house to act on it now, Therefore

Voted That the determination thereof be put off till some time
next week & the Clerk is hereby ordered to write to all the ab-
sent members to give their attendance next week without fail
(which the clerk obeyed) by sending Letters to each of them.

[p. 440.] Col March was desired by the house to waite on his
Excellency (with their duty to him) for the charter of a Town-
ship to be given to this house, & to thank him in the name of this
house so far as it was authenticated.

Monday Jan>' 14 th 1765.

[p. 441.] The Charter for the Town of Piermont granted by
his Excellency to the Council & Assembly, & a number of others,
was Delivered to the Speaker by Col March, which was read.

Wednesday Jan? 16 th 1765.

[p. 443.] The petition of sundry persons from Dover for an
allowance for charge & expenses for taking up & attend 5 on sun-
dry persons suspected to have counterfeited the Bills of this Gov-
ernm 1 &c. as therein mentioned, being read,

Voted, That the IIon blc Meshech ^Weare Esq. & Clem* March,
Esq. be a Committee of this house to examine into said acc t8 &c.
& make report to this house as soon as may be, what they thought
would be best for the house to do thereon.

[p. 444.] Thursday Jan> 17 th 1765.

President Holyoke's memorial — being read the house took the
matter under consideration & after many Debates & Deliberations
thereon, In the midst of which Mr. Sec- came down & said the
Council desired that the vote of June last for granting £ 300 sti*
to the Colledge for Restoring the Philosophic Apparatus might
be returned to the Council Board, the house took that matter un-
der consideration & after many Debates thereon,

Voted, that it be sent up to the Council.

Sent up by Mess" Giddings & Tappin. After this & many De-
bates thereon it was put to vote, Whether the house would alter
the appropriation of said grant for any use to said Colledge of
Harvard, So it past in the affirmative.

1765.] JOURNAL OP THE HOUSE. 55

P. M.

[p. 445.] The house being met & all the members present this
afternoon as in the forenoon a motion being made that the vote
for granting £300 ster g to Harvard Colledge sent tip in the fore-
noon by Messrs. G-iddings & Tappin might be recalled by a Mess a
from this house requiring the same as the Right & priviledge of
this house, many arguments & Debates arose thereon and finally
it past in the negative, after which the following vote was Read :

Whereas the General Assembly on the 20 th of June last granted
the sum of three hundred pounds ster g towards the Restoring the
Philosophical Apparatus of Harvard Colledge lately destroyed by
fire, & Whereas his Excellency the Gov r is pleased in his Mess a of
the 27 th of Dec r last to inform the house y* "he has authority from
"the President & Overseers of s a Colledge to acquaint the house
"that ample provision is made for replacing the Philosophical ap-
paratus by another hand, so that the donation Intended by this
"Governm* for that use can be of no service as the vote now
"stands, &c.

Resolved & Voted that if his Excellency the Governor thinks
proper to consent to the grant, the money may be applyed towards
repairing the Loss of the Library by purchasing of suitable books
for the use of the Societv. Sent up by the Clerk. [Concurred.]

S. H. S. S.

[p. 446.] A Letter for Jacob Bailey directed to the Hon ble
General Court for the Province of New Hamp r Convened at
Portsmouth praying for a Road from this to Coos at the Province
expense or otherwise being read,

Ordered to lav till the morning.

Fryday, Jan^ 18, 1765.

[p. 448.] The Bill for setting off a part of the Town of Bow &
making them a Parish &c. as is therein set forth having been read
three times,

Voted, that it pass to be Enacted The 19 th Instant, Sent up by
the Clerk.

The agents appointed in the year 1756 presented to this House
this forenoon the Treasurer's Ace 1 for the Ball a of their acc c due
from them to the Government, w ch is as follows, viz.

S44 Jan, n- 1765.

Kec d into the Treasury of Peter Gilrnan Esq. & Capt. Thomas W k Waldron,
a sett of ster? Bills of Exchange drawn by Charles Apthorp & son upon
Mess rs Hutchinson & Handbury in London for fifty pounds sters. Also
Twenty five pounds sters money of Great Britain, also one hundred & nine-
teen pounds 2 :6 in New York currency which they tender in full of the
within Ace*.

pr George Jaffrey, Treas r .

56 PROVINCE OF NEW-HAMPSHIRE. [1765.

The petition of Walter Bryant in behalf of Daniel Ames for
bringing Mary Flood from Canterbury, who was tryed for her life
■& acquitted, on the supposed murder of a Bastard child, with his
attendance &c. & the Ace 1 therewith presented, Amount 8 to £152
old Tenor, being read,

Voted, That there be allowed twenty five pounds New Tenor
in full lor said petition &, Ace 1 thereto annexed & p d to the s d
[p. 449] Daniel Ames or his order, out of money in the Treasury
for contingencies. Sent up by Col" Barr & Mr. Giddings. [Con-
curred.]

The petition of sundry persons praying an allowance for time
& Expence in taking up persons supposed to be concern'd in mak-
ing presses & Counterfeiting moneys of the Governm 1 with their
several Acc t9 being read, Am 1 to £59 : 5 : 6 N. T r .

Voted, That the Hon bk> Meshech Weare Esq.be desired to take
s tl petition & acc ts & make Report to this house as soon at may be,
What may be proper for this house to do thereon.

The said Weare reported immediately that the above Accompts
have been examined by me the subscriber by order of the house
and the several charges in each of them appear Reasonable to be
allowed.

Meschech Weare.

[Whereupon] Voted, That the prayer thereof be granted &
that there be p d the sum of fifty nine pounds five shillings & six
pence New Ten r to the several persons whose Names are above
written (In the Report that Col° Weare made as above) or their
ord r &c. the several sums to each of them as carried off against
their names out of money in the Treasury for contingencies.
Sent up by Mr. Giddings & Col° Barr (a).

(a) Jour. C. & Assem. Jan>' 19 th 17G5, Coll. Barr & Mr. Giddinge brot up
from the house the petition of David Watson, John Kully & others praying

some allowance for the time & expence in apprehending Daniel Meserve,

Fowler &c. & carrying them to prison when accused of counterfeiting the
Paper Bills of this Province in the year 1756, and vote of the House thereon
for an allowance to sundry of the Petitioners.

P. M.

Mr. Sec y Brot down the Charter for the Township of Piermount
[p. 450] given by his Excell y to the members of this house &
others, Deliver'd the same to the Speaker with the notification of
the persoD appointed in s d charter to call the first meeting, which
notification was Read & posted up in the house & the Charter
was likewise read. In the house, the Council & the house mutu-
ally agreeing to s' 1 notification that the meeting of s d Proprietors
of s d Township of Piermount should be next Thursday 3 o'clock
p. m. agreeable to said notification.

1765.] JOURNAL OF THE HOUSE. 57

[p. 451.] Tuesday Jan? 22 d 1765.

The petition of Ebenezer Sleeper, Stephen Sleeper, Joseph
Godfrey &; Joshua Lane all of Poplin in s d Province praying they
may have leave to join to Epping & become a part of that Parish
with their Estates & be Poll'd & sett off accordingly &c. being
read the order of court on said petition <fcc. being read & (they
fully attended) the Parties on both sides appear & after being
fully heard thereon by themselves & attorney, the house took the
matter under consideration, and

Voted said petition be Dismissed.

Wednesday Jan* 23 d 1765.

[p. 452.] Mr. President came down & said that the Statutes
of England that the Corresponding Committee with this Province
Agent were order'd to write for, were come & ready to be deliv-
er'd to the house's order.

Friday January 25 th 1765,

[p. 453.] Voted that the Hon ble Henry Sherburne, Meshech
Weare Esq. & Andrew Clarkson be a Committee of this house
to joyn with such as may be appointed by the Hon ble Board to
prepare an Address in answer to his Excellency's Mess a to Both
houses of the 27 th ultimo & lay the same before the house as soon
as may be (1). Sent up by Jn° Page Esq.

Fryday, Feb* 1 st 1765.

[p. 456.] Voted, that Capt. Jno Wentworth, Major Blanchard,
Capt. Carlton & Capt Worthen [be] sent to his Excellency to pray
him to assent to the Bills, Resolves & votes of y e [house] that now
Lay before him & to inform him that the house were in waiting
to know his Excellency's determination thereon (a).

Adjourned.

(a) Votes, acc ts , bills, &c. passed in the house and concurred by the Coun-
cil from Jan- V 7 th to March 8, 1765.

Jour. C. & Assem. Ace 1 of George How for going to the Gov rs sundry
times, allowed £23 : 15 N. Ten r .

Jeffrey Currier, allowed 20s sterling, for that amount in paper Bills burnt
up.

Daniel Pierce Esq. appointed Register of Deeds &c. in this Province, one
year.

Joseph Smith Esq. of Durham, appointed guardian of Joseph Tibbetts of
Dover.

(1) No answer is found on record or on file.— Ed.

58 PROVINCE OF NEW-HAMPSHIRE. [1765.

A bill to enable Jon' 1 Monlton, Esq. guardian to children of Natli 1 Weare
dec* 1 of Hampton Falls, to sell lands &c.

Bill to dissolve the marriage of Sam 1 Smallcom &c.

No bills of credit to be paid out of the Treasury but silver & gold.

Reports of Committees for telling over money in the Treasury to be burnt,

Daniel Fowle ace 1 for printing for the Government, allowed £75 N. Ten r .

Benj a Quiinby allowed £114: 15 Old Ten 1 ' for money burnt in his house.

Capt. Samuel Leavitt's ace 1 , allowed £54: 6: 9 1-2 SterR

Capt. Samuel Langdon & Capt. Samuel Cate's ace 1 for opening a road to
the Governor's seat at Little Harbour, allowed, 26s, Proclamation money.

Selectmen of Monson for taking inventory of No. 2, allowed 16s Proclama-
tion money.

Daniel Pierce's acc f for books of Records & ruling the same, allowed £9 : 18
Proc. money.

Rich a Jennis 3 d ace 1 for wood for Gen 1 Assembly allowed £10: 16 Proc.
money.

Benj 1 - Yeaton for making a Table for the Council Chamber, with covering,
allowed 32s : 6d Proc. money.

Report of Committe for telling money to be burnt s' 1 committee allowed
£20 sterling.

Committee for reprinting Province Law-book, ace 1 allowed £21 Proc.
money.

The Governor gave his assent to the following Acts passed
this sessions, viz.

1. An Act to incorporate a place called New Hopkinton.

2. An Act to Inable the Proprietors of New Boston so raise money &c.

3. Granted to his Majesty a Tax of £5253: 13: 3 N. Ten T to sink so much
Canada.

4. An Act exempting sundry persons from paying Tax in Bow.

5. Additional Act for making a road to Coos.

6. Mary Towle enabled to have a hearing of a case before Q 1 ' Sessions.

7. An act to prevent the loss of Writs and other proceedings of the several
Courts discontinued by the repeal of the Court Act.

8. An Act giving Ed l! Emerson the sole Liberty of erecting Potash works,
&c. in Portsmouth.

Friday, March 8 th 1705.

Mi-. Secretary came down & said he was directed by his Excel-
lency the Governor to dissolve the General Assembly of this
Province and said accordingly In his Majesty's name they were
Dissolved.

God save the King.

1766.] JOURNAL OF THE HOUSE, 59

[p. 1.] Anno Regni Regis Georgii Tertii Magnce Britannice,
Francice et Ilibernice, Quint o.

A JOURNAL

Of the House of Representatives, At a General Assembly of his
Majesties Province of New Hampshire in New England, begun
and held at Portsmouth in said Province on Thursday the 21 st
of May 1765, being the Third Tuesday in said month.

NOTE BY THE EDITOB.

The Journal of the House which follows, to January 27th, 1770, is copied
from a MS. volume in the Secretary's office, labelled " Journal of the
House, 1765-1770." The reader is notified that the editor has copied in full
only such portions of the original Journal as relate to matters of general and
public interest, including all messages and documents in the Secretary's
office in the same period; while matters of mere local and private interest
are presented in an abridged form and printed in smaller type, marked (a),
(b), etc. The abridged matter includes all references to the Journal of the
Council and Assembly in the same period.

Tuesday, May 21 st 1765.

The members met agreeable to the Kings Writt. Not a suffi-
cient number to make a house.

Adjourned till Wednesday, May 22 d , 1765 (a) p. m.

(a) Of his Majesty's Council, there were

Present
His Excellency Benning Wentworth, Esq. Governor, &c.
Theodore Atkinson ) James Nevin

Daniel Warner > Esqs. Theodore Atkinson, jun.

Joseph Newmarch ) Nath 1 Barrell

A message being sent to the Board that there was a full House,
* Mr. Secretary, the Hon ble Joseph Newmarch & James Nevin,
Esq. Came down & administered the oaths appointed in stead of
the oaths of supremacy & allegiance, to all the members present
Twenty-six in number, as sett down for this Day & saw them sub-
scribe the Declaration & then Retired.

Names of the persons returned by the sheriff on the King's
Writt for the choice of a New Assembly are as follows : viz.
Jour. C. & Assm.

i Henry Sherburne Esq.
Portsm } Mr. Andrew Clarkson

( Mr. Jacob Sheaff.
n ._ ... \ Capt. Howard Henderson

^ ovei ) Capt. Tho s W k Waldron

PROVINCE OF NEW-HAMPSHIRE.

11765.

Exeter

New Castle &
Rye,

Kingston
Hampton Falls,
Newington,

Stratham,
Londonderry,
Durham,
Greenland,
New Market,
South Hampton,
Chester,

Plastow & Hampstead,
Salem & Pelham,
Monson & Merrlm k ,
Hollis,

Somers worth,
Nottingham West & (
Lytehfield (

Amherst & Bedford,
Rochester,
Kensington,
Barrington,

Peter Oilman, Esq.

Capt. Jno. Giddings
\ Thomas Bell, Esq.
I Richard Jennes 3 d Esq.

Josiah Bartlett, Esq.

Meshech Weare, Esq.

Rich d Downing, Esq.

Andrew Wiggin, Esq.

Coll. Sam 1 Barr, Esq.

Joseph Smith, Esq.

Clement March, Esq.

Lieut. John Burley.

Capt. Eliph a Merrill.

Mr. John Webster.

Capt. Jon :i Carleton.

Maj. Jos: Wright.

Capt. John Chamberlain.

John Hale, Esq.

John Wentworth, Esq.

James Underwood, Esq.

John Goft'rt», Esq.
James Knowles.
Capt. Ezekiel Worthen,
Mr. Jonathan Church.

Mr. Secretary came down & said lie was directed by his Excel-
lency to inform the members that lie Required them to proceed to
the choice of a Speaker & present him for his allowance.

The members Immediately proceeded to the choice of a Speaker
and made choice of Henry Sherburne Esq. for their speaker by a
unanimous vote, who was accordingly conducted to the chair
by the Hon Dle Meshech Weare Esq. and Andrew Clarkson, &
after making a short pathetic speech set down. After which
the speaker Rose & said 'twas usual to proceed to the choice of a
clerk.

Mr. Speaker put up Andrew Clarkson their old Clerk.

Voted Andrew Clarkson Clerk of this present house by a unani-
mous vote.

[p. 2.] The Clerk was sworn to the faithful] discharge of his
office by •Richard Jennes, the third, Esq.

Voted That Col" Weare, Col March & Capt Tho 8 W k Waldron
wait on his Excell y & inform him that the house had made choice
of the ITon ,)le H y Sherburne Esq. for their Speaker, who immedi-
ately waited on his Excellency.

Adjourned.

Thursday May '28' 1 1765.

Mr. Secretary came down & said that his Excellency approved
of the choice of a Speaker & that the Speaker with the rest of
the members s^ivo their attendance at the Couucil Board.

1765.] JOUKNAL OF THE HOUSE. 61

The Speaker with the other members Immediately attended
where his Excellency's speech to both Houses was Read to them
Dated y e 21 8t Instant.

Mr. Speaker with the house being Returned to their room,

Ordered, That Col John Goffe, Esq. go up to the Board & de-
sire that a Copy ol his Excellency's Speech may be laid before the
House.

Mr. Sec y Brot the same down which was read & a copy on lile.

Governor's Speech.
[Copied from MS. Gov 18 Mess a , Vol. III., p. 273.]
Gentlemen of the Council and of the Assembly —

It was my intention to meet you in General Assembly after the necessary
business of the Spring was over, but the uncertain state of the season, I am
apprehensive has prevented it.

I shall therefore recommend to your diligence the effecting, only, such
tbings as are of absolute necessity for the well being of the Government
that I may give you a recess to a day more agreeable.

I have, since the dissolution of tbe late Assembly received his Majestys de-
termination of the boundarys between this Province & New York, wbicb I
shall direct the Secretary to lay before you.

Mr. Speaker and Gentlemen of the Assembly —

It will give me great pleasure to meet this Assembly sincerely disposed to
pursue with firmness & attention those things that are most essential to the
real Interest & prosperity of the Province, and under this head, I must be
allowed to point out to you the further consideration of his late Majesty's
Instruction relative to the appointment of Salary s for the Chief Justice &
other Justices of his Majesty's Superiour Court of Judicature, not doubting
but that this Assembly will pay a ready obedience thereunto, in ail its parts,
notwithstanding former Assemblys have so lightly passed over it. The Sec-
retary will furnish the house with the original Instruction, if it is not in your
records.

The state of his Majesty's Fort William and Mary, is another object worthy
your coolest deliberation, & when you have duly weighed of what conse-
quence it is to the Government to make annual Provision for that fortress I
persuade myself you will make a grant consistant with tbe abilitys of the
people.

The Treasurer has my directions to have his accounts in readiness, when
the House is prepared to inspect them, after which I am hopeing you will-
make the necessary provision for the service of the current year.

Gentlemen of the Council & of the Assembly —

Relying on a good Harmony's subsisting in the Legislature, I shall have oc-
casion only to repeat my usual assurances, in contributing everything in my
power to the dispatch of the public business.

B. Wentworth.

Council Chamber in Portsmouth
May 21, 1765.

62 PROVINCE OF NEW-HAMPSHIRE. [1765.

Order of the King in Council, determining the boundary between
the Provinces of New Hampshire <£ New York.

(Copied from Vermont State Papers in N. H. State Library, compiled by Wm.
Slade, jun., Middlebury, 1823, p. 19.] *

At the Court at St. James's the 20 th day of July, 1764.
Present

THE KING'S MOST EXCELLENT MAJESTY,

Lord Howard Earl of Hillsborcugh,

Earl of Sandwich Wm. Vice Chamberlain

Earl of Halifax Gilbert Elliott, Esq.

Earl of Porvis James Oswald, Esq.
Earl of Harcourt

Whereas there was this day read at the Board a report made by the Right
Honorable the Lords of the Committee of Council for plantation affairs,
dated the 17 th of this Instant, upon considering a representation from the
Lords Commissioners for trade and plantations, relative to the disputes that
have, some years, subsisted between the Provinces of New Hampshire and
New York, concerning the boundary line between those Provinces: His
Majesty, taking the same into consideration, was pleased, with the advice of
his Privy Council, to approve of what is therein proposed, and doth accord-
ingly, hereby order and declare the western banks of the river Connecticut,
from where it enters the Province of the Massachusetts Bay, as far north as
the forty-fifth degree of northern latitude to be the boundary line between the
said two Provinces of New Hampshire and New York. Wherefore, the
respective Governors and Commander-in-Chief of his Majesty's said Provinces
of New Hampshire and New York for the time being, and all others whom
it may concern, are to take notice of his Majestys pleasure, hereby signified,
and govern themselves accordingly.

W. Blair.

Voted That the IIon 1)le Henry Sherburne, Meshech Weare,
Peter Oilman Esq. & Capt. Tho s W k Waldron be desired to pre-
pare an answer to his Excellencys speech to both houses of y e 21 st
Inst, and lay the same before the house as soon as may be.

Voted, That Geo : Jaffrey Esq. be order'd & he hereby is order'd
to lay his aec ts as Treasurer of the province before the house as
soon as may be, that the state of the several funds may be more
fully known.

Voted, That the Rev d Doc 1 Samuel Langdon & the Rev d Mr.
Sam 1 Haven be desired to attend upon the house alternately &
pray with them <fc Mr. Sheafe and Mr. Clarkson are desired to
inform them thereof.

The following rules being read,

Voted, That they be the Rules of this House being Ten
Articles —

l Hl That whosoever shall by any misbehaviour in speech or action justly
offend any of the members of the house, shall for the first offence be admon-
ished, for the second fined as the house shall see meet.

2 dl > r That no member speak twice until! every member have liberty to
speak once if lie pleaae.

1765.] JOURNAL OF THE HOUSE. 63

3'y That every member direct his speech to the Speaker & not to one
another, & when any member has a mind to speak to any case, that he stand
up & ask leave of the Speaker to speak.

4'y That whenever it happens that there are as many voters on one side of
the question as on the other, without the Speaker, that then the speaker make
the casting vote. •

[p. 3.] 5^ That if the Speaker be absent, the house may chuse a Speaker
pro Temp e , that the affairs of the house may be carried on without stop.

Q ] y That if any member after being qualified & enter'd shall absent himself
at any time, without leave from the house, he shall be liable to be fined at
the discretion of the house.

fthiy That if any membeiof this house shall be by the major part of this
house tho't unfit & not qualified for said place, it shall be in their power to
dismiss such persou, giving notice to the Town or precinct where he belongs
to chuse another to fill up such vacancy.

gtMy That every Bill to be passed in this house, be read three times & that
there be two adjournments of this house before any bill be passed into an
Act.

gthiy That the speaker with fifteen members be a house to do Business.

10 th That no vote that is passed in this house shall be Reconsidered by a
less number.

A motion was made that the Eleventh Article in the Rules of
former Assemblys might be read, & voted to be one of the Rules
of this house, which was read and is as follows : viz.

11 th That the house be seated & that no member speak out of his place &.

The House took the matter under consideration and after sev-
eral arguments thereon, the House seemed to be divided in their
opinion about said article. Ordered, that the said 11 th article lay
for consideration, (a) Adjourned.

(a) Oaths were administered to Col. John Groffe, member from Amherst &
Bedford, and to Doc 4 John Hale Esq. member from Hollis.

Friday May 24 th 1765.

The Clerk sent to Council Board to Inquire after the several
Acts & Resolves of the late Assembly not concurred, & those con-
curred and not assented to, &c [which were sent down.]

[p. 4.] A motion being made that the Journals of the present
house of Representatives be printed at the charge of the Govern-
in' & seconded, & after sundry Debates thereon

Order'd That it lay for further consideration.

[p. 5.] The Committee to prepare an answer to his Excellen-
cy's speech to both houses of the 21 st Inst. & lay the same before
the house as soon as may be, presented the same this afternoon,
which was read, and

Order'd to be Ingrossed. The Clerk Immediately Ingrossed
the same which was again Read & is as follows, viz.

May it please your Excellency

We the Bepresentatives of his Majesty's most dutiful subjects of his Loyal
Province of New Hampshire in General Assembly convened, Humbly beg
leave to thank your Excellency for your speech to both houses of the 21 st

64 PROVINCE OF NEW-HAMPSHIRE. [1765,

Inst, and to assure your Excellency that we shall with the utmost dispatch
proceed to the effecting of those things which appear to be of the greatest
importance to the welfare of the Government & your Excellency's intentions
to order the Sec? to lay his Majesty's determination of the boundarys between
this Province & New York before this House we greatfully Resent.

May it please your Excellency —

With the highest confidence we can assure you that this assembly is sin-
cerely disposed to pursue with firmness & attention those things that are
most Essential to the Real Interest & prosperity of the Province which we
trust your Excellency will have the pleasure of observing.

On Examining the Transaction of former Houses in the year 1754 & since
relative to his late Majesty's Instructions for the appointment of salarys for
the Chief Justice & other Justices of his Majesty's Superior Court of Judi-
cature we don't find that matter lightly passed over, but on the contrary many
Resolves from time to time passed & sent up in obedience thereto.

The Instruction re not on the files or Records of this House. If your Ex-
cellency should think proper to order it to be laid before us, we shall take it
under consideration & Act what appears to be duty thereon.

The Respectable state of Fort Wm. & Mary is of importance to the Gov-
ernment, & when your Excellency may think proper to order a State thereof
' to be laid before this House, we shall make such provision therefor as may
[p. 6.] appear to be for the Interest of his Majesty's subjects consistant with
their abilities, and as the most important affairs of the Governm' depend on
the settlem* of the Treasurers ace 18 . We hope your Excellency will [cause]
them immediately to be laid belore us, that we may with chearfulness & dis-
patch proceed to make the necessary provison for the current year.

We greatfully observe your Excellency's assurances of contributing every-
thing in your power to the dispateh of the public business & shall do our ut-
most to promote that good harmony between the legislative powers, which is
Essential to the prosperity & true happiness of our Constituents.

Voted That the proceeding be sent in answer to his Excellen-
cy's Mess" to both Houses of the 'JP 1 Instant. Signed, H. S. S.

Saturday May 25 th 1765.

Voted, That the Hon ble Henry Sherburne, Meshech Weare Esq.
Capt. Thorn 8 W k Waldron & Andrew Clarkson be a Committee
of this house to Joyn with such as may be appointed by the
Hon 1 ' 10 Council to Examine & adjust the Treasurer's acc ts & make
Report to the General Assembly as soon as may be. Sent up by
the Clerk.

[p. 7.] The Bill for setting off a part of the Town of Bow to-
gether with some Lands adjoining thereto with the Inhabitants
thereon <fe making them a Parish Invest* them with such privi-
ledges and Inutilities as Towns in this Province have & do Enjoy,
having been read three times.

Voted That it pass to be Enacted. (1) S. H. S. S.

Sent up by Mr. Jennes the 3 d & Capt. Henderson.

The Bill for granting Liberty to sundry persons Inhabitants of
Rye & Portsmouth to carry on a Lottery to raise money to open
& make a good passable High way on a straiter course & much

(1) Sse this Bill, ae passed, In Bonton'8 History of Concord, pp. 747-8.— Ed.

1765.] JOURNAL OF THE HOUSE. 65

nearer from one of those places to the other than any heretofore
used, having been read three times,

Voted That it pass to be Enacted. S. H. S. S.

Sent up by Mess rs Jennes & Henderson.

[p. 8] Wednesday May 29 th 1765.

John Wentworth Esq. coming into the house Informed that he
was summoned to attend this house as a member by a proper
officer. [Mr. Wentworth from Somersworth was sworn and qual-
ified, by Hon. Nath 1 Barrell of the Council.]

Thursday, May 30 th 1765.

Whereas there is now Extant of the Sterling Bills Emitted on
the Credit of this Province in the years 1762 & 1763 the sum of
Ten thousand pounds which has at present little if any circula-
tion, & Whereas the Gen 1 Assembly by a Resolve of the 8 th of
Jan y last ordered that the money belonging to this province in
the publick stocks in London should be sold as soon as conven-
[p. 9.] iently might be and improved for the sinking of the'
remainder of the sterling & other Bills of Credit then circulat-
ing : It is now further

Resolved & voted That the agents of this Province at the Court
of Great Britain be and they are hereby fully impowered and
directed to sell the same & the Committee appointed by the sev-
eral acts to draw bills on the agents are hereby impowered <fc
directed to cause the said sterling Bills Emitted in the aforesaid
years 1762 & 1763 to be Redeemed therewith & paid into the
Treasury as soon as may be, by drawing bills of Exchange on the
agents therefor or ordering silver & gold into the Treasury there-
by for the exchanging said Bills as may be most for the publick
benefit. Sent up by Major Wright & John Hale, Esq. [Con-r
curred.]

[p. 11.] Wednesday June 5 th 1765, p. m.

Mr. Sec y came down & said that Capt. John Chamberlin who
was Returned a member to set in General Assembly for the towns
of Merrimack & Monson, had taken the oaths appointed, & was
Quallih'ed to take his seat in the house, & accordingly he was
admitted.

Col Barr & Clarkson sent to the Board to Inquire if the Acts
for stateing the Interest of mony & for regulating of our monys
<fcc. were concurred or not, and said they had deliver'd the mes-
sage.

66 PROVINCE OF NEW-HAMPSHIRE. [1765.

Mr. Sec y came down & Informed the house that the acts that
Col Barr & Mr. Clarkson Inquired after at the Board lay before
his Excellency, as the Council chused to confer with him thereon
before they concurr'd them and that the Council expected them
every minute. Likewise he Bro't down the King's Instructions
relative to sallarys for the Chief Justice and other Justices of his
Majesty's Superiour Court of Judicature which was read.

[p. 12.] Thursday June 6 th 1765.

The petition of Captain William Gregg of Londonderry pray-
ing for a certain high way as therein mentioned bein^ read, as by
the Records this being the day appointed for hearing,

The parties appeared & after being fully heard thereon were
ordered to withdraw.

The House took the matter under consideration and

Voted, That the prayer thereof be granted and that Mr. John
Webster, Josiah Bartlett& Samuel Emerson Esqs be a committee
to lay out said high way and make Report as soon as may be to
the General Assembly.

Sent up for concurrence by the clerk. [Concurred.]

Friday June 7 th 1765.

The Resolve & vote of this house relative to the granting of
the prayer of a Petition of Samuel Gerrish & others, which
passed this house the 29 th ultimo, being read, which was as fol-
lows, viz.

Upon reading the petition of Samuel Gerrish, John Wood &
Elizabeth his wife, Moses Can* and Mary his wife Representing
that they the said Samuel, Elizabeth & Mary are heirs to the es-
tate of Paul Gerrish Late of Dover in said Province, Esq deceased
Intestate, which was Not yet fully settled but in an action lately
bro't by one of them for his part, all the parties concerned agreed
to a general reference to be made by Rule of Court and to have
the whole Estate settled in an Equitable manner by Ueferrees
Named in the rule of Court, that the Referrees undertook the
business but before Report was made one of the heirs, viz. Paul
Gerrish died, which prevented the finishing the said settlement.
That the affair is very perplexed and the settlement of said Es-
tate difficult by reason of the different parts & value of what sev-
eral of the heirs had received, so that they were sensible that it
could not be Equitably done but by some such Method as they
[p. 13.] were now in, and therefore they prayed the said Referrees
might be authorized to proceed notwithstanding the death afore-
said, as it would be for the benefit of the heirs of the deceas'd as

1765.] JOURNAL OF THE HOUSE. 67

well as the Rest and the Court authorized to enter Judgment
on the report of the said referrees and confirm and establish the
whole & award Execution if necessary as fully to all intents as if
no such court had happened and all parties were now living:
Which appearing to be beneficial to all parties concerned in said
Estate and wou'd prevent lawsuits, and as it appears the referrees
had fully heard all parties concerned before the said decease and
had considered the allegations & pleas of the said Paul Gerrish as
well as the Rest: — Therefore Resolved & Voted That the refer-
rees in the case aforesaid be and hereby are fully authorized and
Enabled to finish whatever they have yet to do in making the said
settlement and make their Report thereon as soon as may be and
the Court to which said Report is returnable is hereby authorized
to receive said Report, Enter Judgment thereon and award Ex-
ecution and do any other act matter or thing touching the premi-
ses as fully to all intents as if all the parties concerned in the said
Refference at first were now Living, the decease of the said Paul
Gerrish son of said intestate Notwithstanding, (a)

S. H. S. S.

(a) Jour. C. & Assein. June 6, 1765. The petition of Samuel Gerrish.
et alii representing that they [were] heirs to Paul Gerrish who died about
20 years last Past Intestate, that the said Estate was carryed into the
Law for settlement, where it was left to a refference, that before the award
was bro't in (which is not yet finished) Paul Gerrish the son of the above
Paul deceased Died which by the laws of the Province set the whole of
the Proceedings afloat — Therefore they Pray that an Act may be made to
Enable the said referrees to bring in their award as if the said Paul was still
living. Kead & sent down.

Tuesday June 11 th 1765.

[p. 14.] Mr. Sec y Brot down Edward Holyoke President of
Harvard College Letter directed to the three branches of Gov-
ernm 1 Returning the hearty thanks of the Presid' & Fellows of
Harvard College in Cambridge for the assistance generously
granted them towards the retrieving the heavy loss they lately
sustained in y e Entire distraction of their public Library & Philo-
sophical apparatus by fire, signed Edward Holyoke Presid 1 in the
name of the Pres* & Fellows of Harvard College, which was
Read — the original Letter is on file in the Sec ys office (1).

Wednesday June 12 th 1765.

His late Majestys Instruction relative to the granting a salary
to the Chief Justice & other Justices of his Majestys Superiour
Court being read

(1) Tins letter cannot now be found.— Ed.

68 PROVINCE OF NEW-HAMPSHIRE. [1765,

The house immediately took the matter under consideration,
and after mature deliberation & consideration thereon,

Mr. Speaker put the Question whether the house would grant
any Salary to the Chief Justice and other Justices of his Majes-
tys Sup r Court, & it passed in the negative : — After which

Mr. Speaker put the Question whether the house would reim-
burse moneys that might appear to have been paid the Chief Jus-
[p. 15.] tice in consequence of his accepting said office for past
services, and it passed in the negative.

Voted That Col Barr & Col Goffe wait on his Excellency and
inform him that the house had taken his late Majestys Instruction
for granting a salary to the Chief Justice & others his Majestys
Justices of the Superiour Court under consideration, & that the
house could not see their way clear to burthen their constituents
therewith.

The Treasurers ace 1 being read & Committees Report thereon,
which is as follows, viz.

Province of |

New Hamp r J Portsmouth June 5 th 1765.

We being a Committee appointed by the General Assembly to examine the
Treas rs acc te have accordingly examined the ace' of George Jaffrey Esq.
Treasurer of said Province from the last settlem 4 which was on the eight
day of May 1764 up to this Date wherein he makes a Ballance due to the
Province of six hundred forty- three pounds, nineteen shillings & one farthing
sterling money in gold & silver, & a Ballance of one hundred thirty nine
pounds nineteen shillings & half penny sterling money on the Credit of this
Governm*, as well a Ballance of seven hundred Forty four pounds seventeen
shillings & five pence farthing New Tenor due to the Province, & find the
same Right cast and well vouched Except for large sums of Excise moneys
due for the years 1762 & 1763 not as yet accounted for & there is still more
money to be accounted for by way of Bonds. Likewise the said Treasurer has
not accounted for the outstand" Taxes as Rendered on this sides, viz. for
[p. 16.] Four hundred sixty nine pounds seven shillings & sixpence ster£ of
sterling Emissions, also for four thousand two hundred Fifty three pounds
six shills s & nine pence New Tenor which after the several Ballances ought &
should be the next Entry in his next ace 1 Curr 1 . All which is humbly sub-
mitted.

Theodore Atkinson ]

Mark H« Wentworth I

Jacob Sheafe

A. Clarkson
Ballance due
£643: 19: 01-2 Str. gold & silver
139: 19: 1-2 Str* Emissions
744 : 17 : 5 1-4 New Tenor

The above Report & the acc ts therein referred to being read,
Voted and Resolved that the said Treasurer's acc ts & the above
Report thereon be Received & allowed, and that the Treasurer
not only charge himself with the respective Ballances mentioned
therein, but with the several sums therein said to be outstanding,
as pr his ace 1 Rendered of outstanding Taxes In his next acct to
be Rendered as Treasurer of said Province, and that he render
his next ace agreeable thereto.

Sent up for concurrence. S. H. S. S.

1765.] JOUBNAL OF THE HOUSE. 69

Thursday June 13 th 1765 p. m.

[p. 17.] Voted That Col Weave, Col Gilman Esqs and Cap-
tain Thomas W k Waldron be a [Committee] of this house to ex-
amine & see what Laws of a public nature would be beneficial to
be passed & to see if the preamble in sundry acts now before the
house are agreeable to act of Parliament. Likewise to consult
& consider of any other Acts that may be beneficial to be passed
<fce. and make Report as soon as may be.

[p. 18.] On a motion being made, seconded & thirded that the
Journal of the present House of Representatives should be
printed —

The House took the same under consideration and

Voted, That the Journal of this House be printed at the charge
of the Province, one for his Excellency, one for each member of
the Board, one for each of the members of the Assembly, & one
for each Town that sends Representatives making in the whole
seventy-three & Read & Revoted the 28 th day.

Sent up by —

May it please your Excellency

In obedience to your Excellency's Kecommendation in your Speech at the
opening of the present Assembly to be diligent in the effecting only such
things as are of absolute necessity for the well being of the Governm*, We
immediately took those things under consideration, and upon mature delib-
eration we found that the establishing of something as a medium to discharge
Debts and for Levying Taxes for discharging the contingent charges of the
Government for the future, the Regulating Interest and sinking as soon as
possible our Bills of Credit were absolutely necessary for this End, and ac-
cordingly past Acts and a Resolve for this purpose, wbich have been for some,
time laid before your Excellency for your consideration, to which we pray
your Excellency's assent : And are fully convinced that such is our present
situation that as to any method we can think of, no Provision can be made
for paying the necessary charge for the support of Government unless your
Excellency can assent to the said Act and Resolve, which we pray may be as
soon as Possible, as the Principal business of the session now waits for your
Excellency's Determination.

Voted that the preceding message be sent to his Excellency.

S. H. S. S.
Sent up by Col Moulton & Josiah Bartlett, Esq 8 .

Saturday June 15 th 1765.

Col Moulton & Josiah Bartlett Esq 8 who waited on his Excel-
lency this morn g with the Mests a voted last evening, Returned &
said they had delivered y e same, and said that his Excell y Intended
to keep the house sitting next week & desired there might be a
full house, — 'twas immediately ordered that the Clerk agreeable
thereto write to all the absent members to give their attendance
on the General Assembly the beginning of the week, and the
Clerk agreeable thereto wrote to all the absent members to give
their attendance the beginning of the week.

70 PROVINCE OF NEW-HAMPSHIRE. [1765.

Sundry Acts of Parliament read in order to find out what of
[p. 19] them might be adopted as Laws in the Province agreeable
to its Constitution. Adjourned.

Tuesday June 18 th 1765.

Mr. Sec y Bro't down his Excellency's Mess a to the Assembly of
this date Relative to granting a salary to the Chief Justice &
others his Majesty's Justices of his Majesty's Superiour Court of
Judicature, w ch is on file. Likewise Bro't down the petition of
Bundrys of the Inhabitants &c. setting forth the necessity of a
Light house at some suitable place near the mouth of Piscataqua
harbour (1) & humbly Requesting that said affair may be taken
under consideration &c.

Governor's Message.
^Copied from MS. Gov™ Mess a Vol. III., p. 285. j

Mr. Speaker and Gentlemen of the Assembly —

Upon hearing from divers quarters that it has been determined by a great-
majority in this Assembly not to fix a salary on the Chief Justice and other
Justices of his Majestys Superior Court of Judicature agreeable to his late
Majestys Instruction, I was determined to press you to reconsider the Instruc-
tion again, an Instruction calculated so much for the ease and benefit of the
subject, by puting it in your power to Judge of the ability of the people you
represent, & when you have so great an indulgence put into your hands, you
will be left witbout the lest excuse, if you neglect it; For the Instruction you
may depend will be kept alive until the Kings pleasure is obeyed & his gra-
cious purposes fully answered.

I must therefore refer you to consider whether it will not be more for the
Interest of the Government to Embrace the present advantage, than to have
the work done for you in another place & at a much greater expence.

If I remember rightly the present Assembly is the third Assembly that 1
have laid this Instruction before, which is an Indulgence you could not well
expect, and if you will take my advice, comply with the Instruction chear-
fully & readily, & your constituants will be the gainers, but if you do not, I
think I have washed my hands clear from all future blame or censure.

B. Wentwobtit.
Council Chamber in
Portsmouth June 18 th 176*).

Wednesday June 19 th 1765.

The petition of sundrys of the Inhabitants of Portsmouth &c.
setting forth the necessity of a Light house at some suitable place
near the mouth of Piscataqua Harbour &c. & humbly requesting
that said affair may be taken under consideration &o. Being
again read

Ordered That the petitioners have leave by Mess 1 "" John Sher-

(1) This petition cannot now be found.— En.

1765.] JOURNAL OF THE HOUSE. 71

burne, Jon a Warner, Daniel Rindge, Sam 1 Cutts, Thomas Went-
wortb, Gregory Prescott, Titus Salter & George Janverrin to take
a view of Odiorne's Point & any otber place which they may
think more suitable to Erect a Light house on, that they prepare
a plan of the Building, make an Estimate of the cost thereof, &
the annual Expense of supporting it, consider what materials
will be most suitable for such a building & make Report to the
General Assembly as soon as may be. (a)

Sent up for concurrence by Capt. Giddings [Concurred]

(a) Joun. of C. & Assem. June 18 th 1765. The petition of sundry the In-
habitants of Portsm and Parts adjacent Praying that the money laying in
the Treasury for the Interest of the £25000 loan & appointed to the Building
a Light house may be apply'd for that purpose, and that the Depretiation
of s d money may be made good &c. read, recommended & sent down.

[p. 20.] P. M.

His Excelly 8 mess a to the Assembly of the 18 th Instant was
again read and under consideration &c.

A letter from the Speaker of the General Assembly of the
Mass a to the Speaker of this present house Relative to a Commit-
tee from each of the Colonies & Burgesses to meet at the City of
New York to consult together on the present circumstances of the
Colonies &c. being read, and under consideration : Adjourned.

Thursday June 20 th 1765.

His Excellencys Mess a of the 18 Ul Instant wherein he says "I
" was determined to press you to reconsider the Instruction again
"Relative to granting a salary to the Chief Justice & others the
"Justices of his Majesties Superior Court," being again read.

The house took the matter under consideration & alter many
Debates thereon

Mr. Speaker put it to vote whether the vote that pass'd the
house the 12 th Instant should be Reconsidered and

Voted That said vote of the 12 th Instant be reconsidered.

The late Kings Instruction relative to grant 8 Salarys to y e Jus-
tices &c. being read and after many argum ts thereon

Mr. Speaker put the Question whether the house would grant
a Salary to the Chief Justice & other his Majesties Justices of the
Superiour Court of Judica te & it pass'd in the Negative.

On a motion being made for appointing a Com tee to prepare an
[p. 21.] answer to his Excellencys Mess a of y e 18 th Instant, w ch
being seconded & third'd,

Voted, That the Hon ble Henry Sherburne Meshech Weare Esq r
Col Peter Gilman Esq. and Capt. Tho 9 W k Waldron be a Com-
mittee of this house to prepare an answer to his Excellencys
Mess a of the 18 th Curr* & lay the same before the house as soon as
may be.

72 PROVINCE OF NEW-HAMPSHIRE. [1765.

The Committee immediately attended that Business.

The Committee to prepare an Answer to his Excellencys Mess*
of the 18 th Instant Bro't the same into the house, which was read.

Mr. Speaker then put it to vote whether the said Answer
should be Ingross'd in order to be sent to his Excellency, and it
pass'd in y* Affirmative.

P. M.

A Letter from Samuel White (1) Speaker of the General Court
of the Mass" Bay to the Speaker of this present house recommend-
ing a Committee to be appointed to joyn with a Committee of
that house & others of the several Governm ts on the Continant to
repair to New York by the first Tuesday of OctoV next to con-
sult together on the present circumstances of the Colonies &
the difficulties to which they are and must be reduced by the op-
eration of the Acts of Parliament for levying Duties & Taxes on
fche Colonies etc. &c. Beino- Read.

The House took the matter under consideration, and

Voted Thai the Hon b,e Col Weare & Capt. Thomas W k Wal-
dron be a Committee of this House to prepare an answer thereto
& lay the same before the house as soon as may be.

The Answer to his Excellency's Mess a of the 18 th Inst prepared
by the Committee in the forenoon, & voted to be Ingroced, accord-
ingly was, and alter being again Read which was as follows, viz.

May it please your Excellency —

From your Excellency's Assurance in your Speech at the opening this Ses-
sion & our own disposition we depended on great harmony in the Legisla-
ture, and in our Answer thereto assured your Excellency amongst other
things that if you should order his late Majesties Instruction before us that
we would Act what appeared to be duty thereon & accordingly did so. But
last week hearing from divers persons that you Expected our determination
in that matter to be sent you previous to your considering some Bills before
your Excellency, on w dl the Weal of the Province Depends: We a new turned
[p. 22.] our attention thereto & came to such resolution as your Excellency
is pleased to mention & sent some members to wait on your Excellency
therewith ct so by our records we rind three if no more preceeding Assemblys
have said on the matter At on your Excellency's requisition we have recon-
sider'd the Instruction & have no doubt but his late Majesty aimed thereby
at the Ease and Benelit of the subject whatever the aims of those were who
made the representation on which it was founded, But

May it please //our Excellency—

If a solemn Proclamation in full life A vigour of his present Majesty
against unjust exaction in North America is unattended to in any of its
parts, If the Courts are all still held in Portsm" tt if y necessary expense, of
peoples travel attending the Superiour i\; other Courts there exclusive of the
iVcs paid, is often more than the whole value of the thing Necessarily at-
tended about we think it Duty to say as before that we cannot charge the
GrOVernm 1 with such salary. But that it will he for the interest of our Con-
stituents to give salary to the Justices of the Sup 1 Court equal to their time
fatigue & trouble, where the Law is administered in such commodious Places
of the Governm' lor the benelit of the subject as shall he agreed on by the
Legislature we are clear in ft shall lie ready to do.

(1) This letter cannot now be found.— Ed.

1765.] JOURNAL OF THE HOUSE. 73

To promote the general good of the Province under your Excellency's ad-
ministration is what we sincerely aim at & Doubt not but we shall be able to
justify our conduct to the satisfaction of our Constituents & so as to have
his Majestys gracious approbation should our case be fully known to him; &
surely we have reason to expect your Excellencys care for the welfare of this
people which you so tenderly express in the present case will be extended to
those other things essential to the well being of the Province which hereto-
fore have been often Represented to your Excellency & now lay before you,
& if these things cannot be obtained we can proceed no further in making
Provision for service Notwithstanding our ready chearfull disposition thereto,
since our present situation puts it out of our power.

Voted that the proceeding be sent to his Excellency in answer
to his Excelly's Mess a to the House of the 18 th Instant.

S. H. S. S.

Friday June 21 st 1765.

Rich d Jennes the 3 d Esq. Informed the house that Oapt. Sam 1
Gerrish with Sam 1 Hobert Esq. desired to be admitted into the
house to enforce his petition & the acc ts thereto referred to for
supplying soldiers with cloatbs, &c.

They accordingly were admitted, & after being fully heard
thereon were ordered to withdraw.

The house took the matter under consideration & order' d to lay
till the afternoon.

The Committee to wait on his Excellency yesterday with y e
houses' answer to his Excelly's Mess 3 of the 18 th Inst. Inform'd
the house this morning that his Excell'y after reading the same
said that he had done all he could thereon.

[p. 23.] This forenoon was spent chiefly in waiting to hear
from his Excellency.

On the petition of Sam 1 Gerrish praying that his acc ts for cloath §
of sundry soldiers in the year 1761, might be allowed &c.

Voted, That there be allowed & paid to Sam 1 Gerrish or his
order the sum of thirteen Pounds sterling or seventeen Pounds
6-8 Proclamation money out of money in y e Treasury, in full for
said petition & the several Acc ts thereto annexed. [Concurred.]

Saturday June 22 d 1765.

No answer from his Excellency to the house's Mess" to him last
Thursday. Adjourned.

[p. 24.] Monday June 24 th 1765. P. M.

Still in waiting to hear his Excellency's determination Relative
to the Bill for establishing the moneys within this Province & for
making foreign Coin a Tender in Law &c. Likewise the Bill
against Exorbitant Interest &c. as therein Declared.

74 PEOVINCE OF NEW-HAMPSHIRE. [1765.

Tuesday June 25 th 1765. P. M.

The house still sitting in an ?*nactive state no Mess a from y e
Board nor his Excellency Relative to the two important Acts now
before him, one for y e Establish the moneys, the other against
taking exorbitant Interest.

The house being very uneasy in sitting so long spending their
time to little or no purpose, & the great Expence 'twas to their
constituants, took the matter under serious consideration & came
to the following resolution, That a written Mess a be sent to his
Excellency Immediately setting forth the' present situation we
were in, &c

Order'd That a Mess a be Immediately prepared agreable thereto
& lay the same before the house as soon as may be.

An Answer? was Immediately prepared & laid before the
house, which was read, &

Voted That said Mess" be Imediately Engroced. It accord-
ingly was, and being read again, which was as follows, viz.

Ip. 25-1 May it please your Excellency —

By the Journals of the late Assembly it appears that on the 25 th day of
Jan>' past two bills of great Importance passed in that house & were sent up
to the Hon b,e Board where they were concurred & laid before your Excel-
lency, till on the 8 th day of March that Assembly was Dissolved.

The present House which was convened y e 21^ of May as soon as qualified
to act sent a Mess a to the Hon ble Board desir? that such bills & Resolves as
were sent up in the last session of tbe late Assembly & had not obtained
your Excellency's consent might be sent down.

The two bills above mentioned, viz. A bill for establishing the value of
money, and a bill against exorbitant Interest with Twenty two other public
& private Bills were soon sent down ; the house Immediately took under
consideration these very Important Bills for Establishing the value of money
& agaiDSt exorbitant Interest, & on the 25 th day of May passed and sent them
up to the Hon ble Board. Since which Eighteen other bills have been passed
in the house and sent up besides some Resolves & votes of Importance &
upon Enquiry at the Hon ble Board we can't find that any of them have yet
obtained your Excellencys assent.

May it please your Excellency

The remaining business of the session depends Intirely on the two Bills
just mentioned & the house cannot with any propriety proceed to the mak-
ing a supply Bill or any grant for tbe Discharge ot Provincial debts till they
have your Excellency's determination thereon which we have been expecting
three weeks pa^t to the great Expence of the Governm 1 , not having had any
matters of consequence before us but what Intirely depends on those Bills.

We therefore earnestly pray that your Excellency will not keep us any
longer in sucb an inactive state but either be pleased to pass those Bills
which arc of such importance to the Honour of the Crown & true Interest
of the subjects or permit us to retire and look after our private affairs till
your Excellency may be disposed to permit us to proceed on the necessary
business of tbe province in a way consistent with reason & Dignity of the
British Constitution.

Voted, That the preceding Moss" be sent to his Excellency.

S. H. S. S.
Sent u}> Col Goffe & Capt. Walker.

1765.] JOURNAL OF THE HOUSE. 75

Wednesday June 26 th 1765.

Mr. See 7 Brot Down his Excellencys Mess a to the House in an-
swer to their Mess a of yesterday & Retired. The house took the
same under consideration & after many debates thereon, order
to lay till the afternoon for further consideration (and the same
was Read & is on file.)

Governor's Message.
[Copied from MS. Gov rs Mess a , Vol. III., p. 287.]

Mr. Speaker & Gentlemen of the Assembly —

If difficulties have been started in your house without the lest foundation
in reason or in Justice, & from thence prejudices have arisen, it is your duty
to remove them.

I have therefore only to observe that as your message of the 25 th Instant
pr Colonel Gone & Capt Worthen containing nothing new, I shall only refer
you to the two acts therein mentioned, & say, that as soon as the Act to
enable the Treasurer to Issue his Warrants for the supply you intend to make
& the grants come properly up to me, you may rely I shall consent to the
whole or reject the whole that depends on these two acts.

B. Wentworth.

Council Chamber in
Portsm June 26 th 1765.

P.M.

His Excellency's Mess a of this date to the house was again
Read.

Voted That Col Goffe, Col Barr & Josiah Bartlett Esqs all be
a Committee to wait on his Excellency & to desire and pray him
to give his Assent to the Bills now before him for upwards of
three weeks last past : viz.

A Bill for Establishing the value of money, and a Bill against
exorbitant Interest, & that if his Excellency could not at present
assent to said acts that he would be pleased to adjourn the house
untill he was fully determined whether he would give his consent
to said two Bills or not. Adjourned.

Thursday June 27 th 1765. P. M.

The house setting still waiting his Excellencys determination
Relative to the Bills for Establishing our moneys & the Bill
against exorbitant Interest.

There being no Publick business or any matter of Importance
before the house — Adjourned, till

Friday June 28 th 1765.

The Hon ble Theodore Atkinson Jun. Sec y came down & In-
form'd the house that his Excellency had given his assent to the

76 PROVINCE OF NEW-HAMPSHIRE. 1765.

Bill for establishing our moneys and the Bill against exorbitant
Interest & had signed y e same & Retired, & laid them on the
Table & after perusal were returned by Major Downing.

[The aforesaid Bills being of special importance are here inserted: copied
entire as recorded in a bound MS. volume in the Secretary's office, " Acts
1741-1765," pp. 534-538.— Ed.]

Anno Regni Regis Georgii magna? Brittanise et Hibernise, Quinto.

An Act to restrain & Prevent the taking excessive usury.

Whereas the taking excessive Interest for the loan of money is a discouragem 1
of trade Labour & Industry when the usurer makes as much Profit by his
money only as the fair Dealer the Honest Husbandman & Ingenious Ar-
tificer can by their money Time & Labour, and is often the occasion by
taking the advantage of the necessities & Exigencies of such Persons —

Then-
Be it Enacted by the Governour, Council & Assembly that no Person or
Persons whomsoever from and alter the first Day of August in the present
year one thousand seveu hundred & sixty-five upon any contract which shall
be made shall take either directly or indirectly for the Loan of any money
wares merchandise or any other Personal Estate whatsoever above the value
of six Pounds for the use & torbearance of one hundred Pounds for a year &
so after that rate for a greater or lesser sum or for a longer or shorter time
and all Bonds contracts mortgages & assurances whatsoever made after the
Time aforesaid for the payment of any Principal or money lent or covenanted
to be lent upon or for usury whereupon or whereby there'shall be reserved or
taken above the rate of six Pounds in the Hundred as aforesaid, shall be ut-
terly void & all and every Person & Persons whomsoever who shall after the
Time aforesaid upon any Contract take accept & receive by way or means of
any corrupt bargain loan exchange or by Covin or Deceitful Conveyance or
by any other way or means whatsoever above the sum of six pounds for the
forbearance of one hundred Pounds for a year & so after that rate for a
greater or lesser sum or for a longer or shorter time, shall forfeit or lose for
every such offence the full value of the goods & monies or other things so
lent Exchanged Bargained sold or agreed, one moiety thereof to his Majesty
for the use of the governm 1 & the other moiety to him or them who shall in-
form & sue for the same with cost.

Provided nothing in this Act shall extend to the letting of Cartel or other
usages of like nature in practice among Farmers or maritime Contracts
among merch ts as Bottomry or course of Exchange as hath been heretofore
used.

And whereas Persons who may be Disposed to take exorbitant Interest
may & often do Transact the matter in so private a manner that it is difficult
to prove the Truth of the Fact —

Therefore be it Enacted that when any Person or Persons shall after the
said first day of August be sued on any Bond contract mortgage or any as-
surance whatsoever given or made after that time for the Paym f of any
money goods or Personal Estate whatsoever wherein or whereby any sum is
given secured or taken for the forbearing or giving Day of Paym 1 for a longer
or shorter time than in such case if (the creditor being alive) if the Debtor
or Debtors shall come into Court where the cause is to be tryed and shall
offer to make oath & if required by the court actually swears to the same that
there is taken received or secured by such Bond Contract mortgage or assur-
ance above the rate of six Pounds in the Hundred for the forbearance of the
same whether it be money or otber tilings for one year ifc so after that rate
for any greater or lesser sum or for a longer or shorter time or that the Credi-
tors have received more than after the rate of six Pounds in the Hundred for
the forbearance or Loan of any sum of money or other Personal Estate or
thing sued for per Annum, such Bond Contract mortgage or assurance shall
be utterly void & the Debtor fully <fe absolutely discharged forever of & from

1765.] JOURNAL OF THE HOUSE. 77

such Demand unless the Creditor will Bona fide swear that he or they have
not directly or indirectly wittingly taken or received more than after the rate
of six per cent pr annum for forbearance or giving Day of Payment & that
by such Bond Contract mortgage or assurance there is not reserved or taken
more than after the rate of six per cent pr annum for forbearance or giving
Day of Payment for the money goods or things sued for or demanded.

And it is hereby ordered & Directed that the Proviso & Exceptions herein
before declared shall extend & be continued & deemed to extend to this case
also.

And it is hereby further Enacted that all securitys and assurances for money
or other Personal Estate now subsisting in which notwithstanding a greater
or higher Interest may be contracted for yet shall be reduced to six pounds pr
Cent per annum Interest for money or other Personal Estate within seven
months from the Passing this act and all such securities or assurances as
shall not be changed but remain as originally taken & shall be sued after
that time, the Court where the Judgment shall be given shall allow no more
than six Pounds pr Cent on the sum expressed in the security of the same
kind of money expressed & agreed for therein after the Expiration of the
aforesaid seven months.

Province of JNew Hamp 1 '

In the house of Representatives May the 25 th 1765.
This bill having been read three times,
Voted that it pass to be Enacted.

H. Sherburne, Speaker.

In Council June 7 th 1765.
This bill read a third time & past to be Enacted.

Theodore Atkinson, jr. Sec^.
Consented to.

B. Wentwoeth.

Anno Regni Regis Georgii Tertii Magnae Brittanniae, Francias et Hibernise
Quinto.

An act for ascertaining the value of coined Silver & Gold <fc English half-
pence & farthings and the rates at which they shall Pass for the future in
this Province.

Whereas the Bills of Credit of this Province called New Tenor which have
Passed in Private Payments in Lieu of money and in which the Judgments
of the several Courts of Justice have been entered are now (nearly) all
sunk and there being no Law of this Province which ascertains & fixes the
value or rate at which the Silver & Gold Coin that is current & passing
here shall be taken and various estimations in that case being inconvenient
Therefore,

Be it Enacted by the Governor Council and Assembly That one Guinea
shall be valued at Twenty-eight shillings, an English Crown at six shillings &
eight pence, an half Crown at three shillings & four pence, and English shil-
ling & one shilling & four pence,(l) & English six pence at eight pence, all
Spanish mill'd peices of Eight or Dollars of full weight at six shillings
a Peice, and the Half Quarter and other less Peices of the same coin in the
same proportion — a Double Johannes or gold coin of Portugal of the value
of Three pounds twelve shillings sterling & four pounds sixteen shillings, a-
single Johannes of the value of thirty six shillings sterling at Forty eight
shillings, a moidore at thirty six shillings, a Pistole of full weight at Twenty
two shillings, Three English farthings for one Penny, and English half-pence
in proportion, and any Debt bargain or Contract that shall be made in this

(1) Probably this should read, an "English shilling at one shilling & four pence."— Ed.

78 PROVINCE OF NEW-HAMPSHIRE. [1765.

Province from & after the first Day of August which shall be in this present
year of 1705 for the sum of Twenty e ( ght shillings shall be paid & discharged
by one Guinea, & every debt & Contract of & for six shillings and eight
Pence shall be paid & discharged by one such crown & so of all other sums
in the same proportion which shall be discharged by the several species of
(Join aforesaid at the respective rates above declared for any Debt, bargain
contract or service whatsoever, and it is hereby declared to be unlawful to ut-
ter pass or take the same at any greater or higher rates.

And be it further Enacted, That any Person within this Province after the
first Day of August aforesaid for the discharge of any debt contract or Bar-
gain made alter that time shall account receive take or Pay any of the several
species of Coin before mentioned at any greater or higher rate than the re-
spective sums aforesaid, every person so offending shall forfeit & pay the sum
of Fifty Pounds for every such offence, one moity thereof to his majesty for
the use of the government & the other moity thereof to such person or per-
sons as shall inform or sue for the same to be recovered by Presentment of
the Grand Jury (in which case the said moity shall be equally Divided among
them,) or by Plaint or Information in any of his Majestys Courts of Record
in this Province with full cost.

And be it further Enacted that all debts Bargains Contracts & Dues what-
soever which shall be due, agreed contracted or made from & after the said
first day of August aforesaid in this Province wherein money is to be paid or
is made the measure & value of the things under consideration shall be un-
derstood and are hereby declared to be at the estimate and valuation aforesaid
& all acc ts shall be kept and regulated accordingly or they shall not be allowed
or admitted to be produced in evidence for the recovery of any sum de-
manded in any of his Majesty's Courts of record within this Province and all
Judgments of the said Courts respectively shall be Entred for Lawfull money
of this Province which shall be computed & discharged by the several species
of coin aforesaid or any of them at the respective rates at which they are
herein fixed & valued as above declared.

And Be it further Enacted that in Paying & satisfying Debts Contracts &
Bargains made before the aforesaid first day of August winch may be paid by
the aforesaid money at the valuation by this Act fixed but which were made
& understood by the parties concerned to be in Bills of Credit, that impartial
Justice may be done between Debtor & Creditors regard shall be had to the
Intention of the Parties contracting as far as can be collected or appears and
the Bills to be valued at their currant value in silver at the Time the Debt
Bargain Contract or agreement was made and may be discharged by an equiv-
alent in any of the said several species of coins at the rates aforesaid & in
Entering Judgment in such cases in the several Courts of Justice in this
Province they shall observe & comply with this rule of giving an equivalent.

New'iiamp' \ In the House of Re P resentati ves, May 25 th , 1765.

This Bill having been read three times, Voted that it pass to be Enacted.

H. Sherburne, Speaker.

In Council, June 7 th , 1765.

This Bill read a third time & Past to be Enacted.

T. Atkinson, jun r Sec^.

Consented to

B. Wentworth.

Then the house Immediately proceeded to the necessary impor-
tant business of the governm* which had been intirely stagnated,
waiting his Excellency's determination thereon.

[p. 27.] The Bill for granting unto his most Excellent Majesty
the sum of thirteen hundred and five pounds Proclamation money,

1765.] JOURNAL OF THE HOUSE. 79

for the ends and purposes therein mentioned & to Enable the
Treasurer to Issue his warrants for the present year's Tax by the
first Day of August next, having been read three times,
Voted That it pass to be Enacted.

S. H. S. S.

[p. 28.] Voted that each member of his Majesty's Council be
allowed six shillings & five pence for every day of their atten-
dance in Gen 1 Assembly from the 21 st day of May 1765 untill the
Dissolution of the present Assembly, & also two pence half penny
pr mile for Traveling to and from the place of the sitting of the
General Assembly every time the General Assembly is adjourned
or prorogued from Saturday till Monday or for any longer time
during the said Term, the same to be paid by the Treasurer upon
a Certificate from the Sec/ : also that each member of the house of
Representatives be allowed the sum of six shillings for every day
of their attendance in General Assembly from the 21 st day of May
1765 untill the Dissolution of the present assembly : Alsoe two
pence half penny pr mile for traveling to & from the place of the
sitting of the General Assembly Every time the General Assem-
bly has been or shall be adjourned or Prorogued from Saturday
till Monday or for a longer time, Except such as live more than
twenty miles distant from the place where the General Assembly
sitts, who are not to be allowed travel unless when the General
Assembly has been or shall be adjourn'd or prorogued for a longer
time than from Saturday till Monday, but when the adjournment
or prorogation hath been or shall be from Saturday till Monday
instead of travel to be allowed one Day's pay & that the said
members be paid by the Treasurer upon a Certificate from the
Clerk of the house of Representatives.

Also that the Clerk of the house of Representatives be allowed
the sum of six shillings pr day for each day of his attendance in
General Assembly in that capacity (exclusive of his wages as a
member of the house of Representatives) to be paid him by the
Treasurer upon Certificate from the Clerk of the house of Repre-
sentatives.

All these moneys to be paid out of the Treasury for support
of Government.

All which allowances are to be paid in Proclamation money.(a)

(a) Votes of allowance &c passed in the house and concurred by the Council
from May 21 to June 28, 1765.

Journ. C. & Assem. Allowed Governor's salary for one year £250 Proc.
money.

For Rent of Gov 1-8 house, £50 Proc. money.

To Theodore Atkinson jun. Sec>" from March 1764 to 1 st March 1765, £60.

To Wyseman Claggett, Att. Gen. £6 for one year service.

To Thorn 8 Parker, Sheriff, £8 for one year.

To Rev. Dr. Sam 1 Langdon, & Rev. Sam 1 Haven, as chaplains, each £2 : 10.

To Joseph Moulton, for carrying expresses, £1 : 7.

To Capt. Thomas Bell lor muster roll at Fort Wm. & Mary, £232: 4: 9.

PROVINCE OF NEW-HAMPSHIRE.

[1766.

To Samuel Ham for repairing boat for the Eort's use, 49s. 6d.

Also allowed, June 21 bt , Samuel Gerrish £17: 6: 8 for soldiers cloathing.

Ephraim Berry £6:5:9 for supplies to soldiers.

Voted That the Treasurer send out his warrants for collecting
the Province Tax for the currant year w ch may be paid in specie,
agreeable to the prices lixed & sett to the following Merch a arti-
cles of the produce of this Province, viz.

Neic Tenor

Bar Iron at £5 : 0:0

Hemp at 0: 3:0

Indian Corn at 0:10:0

Rye at : 10 :

Peas at 1:0:0

Winter Wheat at 1:5:0

p. 29] Barley at : 10 :

Pork at 0:1:0

Beef at 0: 0:9

Flax at 0: 3:0

Beeswax at 0: 5:0

Babury wax at 0:3:0

Well tanned sole leather at 0: 4:0

Tallow at :

Winter & Spring Codfish at 4 :

Pitch at

Tar at

Turpentine at

White pine Joyst at

White pine Boards at 5: 0:0

White Oak two inch Plank at 25: 0:0

2:6
0:0
3:10:0
2: 0:0
4: 0:0
4: 0:0

pr hundred

pr pound

pr bushel

pr Do

pr bushel

pr pound

pr Do

pr Quintle

pr Barrell

pr Do

pr thousand

pr Do

Sent up for concurrence by Major Downing, Wright and
Knowles. [Concurred.]

Whereas there: are but small sums of paper Bills of Credit now
circulating in the Province in proportion to the largeness of the
Taxes by reason of which his Majestys good subjects may be put
to great difficulty to procure any particular sort of money to pay
their Taxes for prevention whereof

Resolved & Voted that the Inhabitants of this province may
have liberty to pay their Taxes for the present year in silver or
grold or in any bills of credit extant at their present value & the
Treasurer is hereby Impowered and Required to Receive the same
accordingly.

Sent up by Mess™ Downing, Wright & Knowles. [Concurred.]

Voted that Jacob Sheafle be a Committee to procure the Acts for
ascertaining the value of CoinM silver &c. & the act prohibiting
exorbitant Interest printed at the charge of this Province, two
hundred of each, that he be supply'd with money out of the
Treasury for paying the same when his ace' is allowed of by the
General Assembly.

That his Excellency, the members of his Majesties Council <&
the members of the Assembly, the Clerics of each Court and the
Clerk of each Town & parish for the use thereof, have one of each

1765.] JOURNAL OF THE HOUSE. 81

sort & the Remainder of them be Disposed of as the Gen 1 As-
sembly shall order.

Sent up by Wright, Chamberlain & Merrill. [Concurred.]

[p. 30.] P. M.

On amotion being made & seconded that the Determination of
his Majesty in C nmcil Relative to the boundary line between this
Province & New York should be laid before the House,

Voted, That John Goffe Esq. wait on the Hon ble Board to de-
sire y e Determination of his Majesty in Council relative to the
Boundary line between this Province &> that of New York should
be laid before the house.

The Sec y immediately brot Down his Majesties Determination
afores d into the house and said it must be Return'd which .was
Accordingly done by Captain Giddings (1).

[p. 31.] Saturday June 29 th 1765.

Mr. Speaker laid before the house a letter from the Hon ble
Speaker of the Hon ble house of Representatives of the Province
of the Massachusetts Bay to the Speaker of this Assembly pro-
posing a meeting of Committees from the several Assemblys of
the British Colonies on the Continent at New York, to consider
of a General United Dutifull Loyal & humble Representation of
our Circumstances, & for Imploring his Majesty and the Parlia-
ment for Relief — which being Read

Resolved, That notwithstanding we are sensible such a Repre-
sentation ought to be made & approve of the proposed method for
obtaining thereof, yet the present situation of our government af-
fairs will not permit us to appoint a Committee to attend such
meeting but shall be ready to joyn in any Address to his Majesty
& the Parliament we may be honored with the knowledge of
probable to answer the proposed End.

A copy of this give the Speaker in order to forward to the
Speaker of the Hon b,e House of Representatives of the Massac t£
Bay.

Wednesday, July 3 d , 1765.

[p. 32.] It having been represented to the house that there is
no Well in or near the prison & that the prisoners often suffer for
want of water,

Voted There be a Well digged & stoned in the most suitable
place for the use of the Prison, that Mr. Jacob Sheafe be & hereby
is appointed to cause the same to be performed & done in the

(1) See page 62 of this volume.— Ed.

82 PROVINCE OF NEW-HAMPSHIRE. [1765.

most convenient place & manner as soon as may be, that he Re-
ceive money out of the Treasury to Enable him to begin & carry
on the work and Render Acc t of the charge & Expence thereof to
the Gen 1 Assembly for allowance.

Sent up by the Clerk for concurrence. [Concurred.]
Mr. Sec y brought down the petition of John Gregg of Lond
Deny w Ul the vote of Council thereon, viz.

In Council, Eodem die, Read & Concurred.

Theo. Atkinson, jun. Sec.

Whereas Capt. John Greg of Londonderry in said Province Petitioned the
General Assembly Representing the necessity of a Ways being granted
through the land of John Pattin in Londonderry aforesaid to a meadow of
said Gregs & others, which the Petitioner did not desire to be an open road,
but only a Right of passing in the most convenient Place with Liberty to
Maintain gates or barrs which as the Law now stands could not be estab-
lished by the Court of General Sessions of the Peace, Wherefore he prayed
[p. 33.] the aid of this Court, and that a Committre might be appointed to
view the premises and report where and on what Terms such way may be
Equitably granted, of which petition due notice being given & no material
objection having been made, a Committee was appointed who view'd the
premises and reported as followeth, viz. That they have lay'd out said way
agreeable to said Petition Beginning at a stake and stones about twenty five
Rods to the west of said John Pattin's house & so running South Westb'
as the path is now trod and has been improved for this six or seven years Past
to a White oak tree being the bounds of said Capt Gregg's & Cox's meadow
w ch William Greggs we allow said Way or Passage through said Land to be
by gates or barrs agreeable to said Petition, and we allow said Greggs or tlie
Petitioners for said Liberty and privilege of Passing as aforesaid yearly and
every year to pay to the said Pattin the sum often pounds old Tenor, & thus
we make our Return the 24 th day of June Anno Domini 1765.

;Said Report on the Partys being heard fully thereon appearing
reasonable,

Therefore

Resolved & voted That the Way or Passage thro' the said Pat-
tin's Land to the Meadow aforesaid be Established agreeable to
the Report of said Committee, and that all parties concern'd be
and hereby are obliged to observe & comply with the same ac-
cordingly, the Payment to be made in the mouth of Septem 1 " an-
nually and may be Discharged by Ten shillings Proclamation
money.

S. H. S. S.

Sent up for concurrence by Tappin & the Clerk who are order'd
to Enquire after the several Acts, Resolves & votes that had
passed this sessions, which were concurred as well those which
were assented to by his Excellency, which were as follows, viz.

Bill to Enable the Treasurer to recover certain debts &c. due to the Prov-
ince as therein mentioned, pass'd this house May 25 th 1765.

Bill in addition to a bill to the Several Laws of this Province as therein set
forth Pass d May 25 th 1765.

Bill for setting off Part of the Town of Bow together with some lands ad-
joining thereto with the Inhabitants thereon and making them a Parish in-

1765.] JOURNAL OF THE HOUSE. 83

vesting them with such Priviledges & Immunities as Towns in this Province
have & do enjoy, Pass'd in the house May 25 th 1765.

Bill for a Lottery for a Road through Rye pass'd May 25 th 1765.

Bill to Enable the Proprietors of Epsom to sell Lands &c. passed May 29 th .

Bill to Enable Da d Dodge to Execute certain contracts &c. May 31 st .

Bill to Enable the Proprietors of New Britain to sell lands &c. pass'd May
31 st .

Bill to dissolve the Marriage of Samuel Smallcom May 31 st .

Resolve relative to G-errish's Estate of Dover pass'd June 7 th .

Bill for Regulating Lots & roads in Nottingham June 12 th .

[p. 34.] Bill for more easy & expeditious Method of making Partition in
real Estates, June 12 th .

Bill for adding a Tract of land to Canterbury, as therein set forth, June

12^.

Bill for calling & Regulating Town meetings &c. June 13 th .

Bill for removing doubts & to ascertain a certain Estate as therein men-
tion' d June 13 th .

Bill for providing in case of sickness, June 13 th .

Bill for continuing suits & preventing abatements of Writs, June 13 th .

Bill for setting off Debts & Mutual Demand, June 14 th .

Bill in addition to Laws relative to proprietaries, June 14 th .

Bill to enable selectmen to change highways, June 14 th .

Bill appointing Jon a Moulton Esq. a guardian to v e child n of Nath 1 Weare,
dec d , June 25 th .

Bill for supplying the Treasury with 1350£ Proclamation money, June 28 th .

Resolve for settling this G-ov ts Money in the Stocks at Great Britain for to
be used & improved as therein ordered. Passed May 30.

Votes for all Grants & Publick allowances.

Resolve for the Treasurer to take any Money for y e Province Taxes this
pres 4 year.

Vote for Com tee to get the acts printed Relative to Establishing y e moneys
and against Exorbitant Interest within this government.

Who returned and informed the Speaker that they had deliver'd
at the Board the Papers sent up by them, Enquired after the sev-
eral Bills, resolves & votes that had pass'd the Pres* Session, and
that the house wou'd be glad to know immediately what of them
had passed the Council and Received his Excellencys assent. The
President told them the Secretary was at his Excellencys & when
he Returned a message shou'd be sent down.

Thursday July 4 th 1765.

On a motion being made that the resolve of the Assembly rela-
tive to sending a Committee to New York &c. should lay till the
General Assembly meets again,

Voted That the Speaker be desired to withhold the same.

Mr. Secretary bro't down a vote from the hon ble Board for a
Comm tee to examine Papers in the Recorder's office & sort them
which being read was order'd to Lay for further consideration, he
likewise informs the House that the following bills had received
his Excellencys Assent, viz.

Bill for setting off part of the Town of Bow.

Bill for a Lottery.

Bill to enable the proprietors of Epsom to sell lands.

84 PROVINCE OF NEW-HAMPSHIRE. [1765 .

Resolve relative to Gerrish's Estate of Dover.
Bill for regulating Lots & roads in Nottingham.
[p. 35.] Bill for adding a tract of land to Canterbury.
Bill for continuing Suits & preventing abatements of writs.
Bill for setting off Debts & mutual Demands.
Bill for supplying the Treasury with 1350£ Proc.

Vote for Com tee to get the Acts printed Relative to Establishing the moneys
& the act against Exorbitant Interest.

[p. 35.] Mr. Secretary also informed the house that all the
Grants & Public allowances Were assented to by his Excellency,
Except the Votes lor the hon ble Council & House allowance for
their Time & attendance in General Assembly.

Then Mr. Secretary was pleas'd to say that he was Directed by
his Excellency to inform the house that he had tho't Proper to
Prorogue the General Assembly of this Province to Wednesday
the 28 th day of August Next Being the last Wednesday in said
month 10 o'clock in the forenoon, and then to meet at the State
House, & said accordingly in his Majestys name you are

Prorogued.

[Further prorogued till Nov r 19, 1765.]

[p. 37.] Anno Regni Regis Georgii Tertii Magnae Brittaniae,
.Franciae & Hiberniae, Sexto.

A Journal of the House of Representatives of his Majesty's Prov-
ince of New Hampshire at a Session begun and Held at Ports-
mouth in said Province on Tuesday the 19 th Day of Nov r Anno
Domini 17()5.

Tuesday, Nov 1 19 th , 1765.

Some of the members met but not sufficient to make a quorum.
Adjourned.

NOTE.

[Of his Majesty's Council, there were present at the first meeting
Theodore Atkinson ) Natli' Barrell

Daniel Warner > Esqs. Peter Livius (1).

Theodore Atkinson Jr )

All the proceedings, copied or referred to, of his Majesty's Council, in this
and the following Sessions till June, 1774, are found in the "Journal of the
Council and Assembly, in Sec VR office, 1705-1774.— En. 1

(1) See Council Records, May 23, 17U5.

Note. — Richard Wlbird, who was appointed a member of his Majesty's Council, 1739;
and in 1766, Judge of Probate, died al Portsmouth 25th Sept., 17(55. in the 63d year of his
age. Thomas Wlbird, brother of Richard, died November 12th, 1705, in the 59th year of
his age; both were graduates of Harvard College. In his will Thomas left a legacy of £50
sterling to Harvard College ; tGO to the School for Instruction of Indians, under the direc-
tion of Rev. Dr. Whoelock, at Lebanon. Conn. He also gave sufficient silver to make two
large flagons for the North Church in Portsmouth of which he was a member.— Ed.

1765.] JOURNAL OF THE HOUSE. 85

Thursday, Nov r 21 st 1765, p. m.

The Speaker not being able to attend the Business of the House
a motion was made to choose a Speaker Pro Tempore — and
accordingly Col Peter Gilman Esq r was chosen Speaker Pro
Tempore.

Then the House proceeded to make choice of a Clerk, Mr. An-
Irew Clarkson the former Clerk being deceas'd since the sitting
;>f this House (1) and Meshech Weare was chosen Clerk and
sworn to the faithfull Discharge of that office by Col March.

Mr. Secretary came into the House and said he was directed by
his Excellency to Require the Immediate attendance of the
Speaker and the House in the Council Chamber.

Mr. Speaker and the House Immediately attended in the Coun-
cil Chamber : the President of the Council Read his Excellencys
Speech to the Council & Assembly and then the House retired.

Mr. Sec y Brot down a copy of his Excellency's speech which
was read and is on file.

Governor's Message.
[Copied from MS. Gov 18 Mess, Yol. III., p. 289.]
7entlemen of the Council and of the Assembly —

Not having any commands from his Majesty of Importance to lay before
/•ou, I have defered meeting you until this day, & I am hopeing since it is a
iime of General Leisure, you will give the greater attention to the public
susiness.

Gentlemen of the Assembly — s

I persuade myself you will not fail of examining into the State of the
rreasury, that the respective Emissions of paper money may be finaly adjusted '
some of which have been most unreasonably neglected, greatly to the dishonor
)f the Government, and since tbis work cannot be effected without the Treas-
urer, I shall direct him to attend you, with the utmost diligence, that no delay
nay arise on his account, tor you are all sensible that no paper currency can
^xist after the close of the year 1767. ■

Gentlemen of the Council and of the Assembly —

The long experience you have had of my administration, makes it almost
mnecessary for me to tell you that I shall not be wanting in contributing
everything in my power to render this session short & agreeable to the other
3ranches of the Government.

B. Wentwoeth.
Council Chamber in Portsmouth,
November 19 th , 1765.

[p. 38.] Voted that a Precept to be signed by the Speaker be
Lssued to the Sheriff to choose one Person to serve in General As-
sembly in the Room of Mr. Andrew Clarkson Deceas'd.

Whereas the keys belonging to the Lobbey and Boxes in which
bhe Records and files of the House are kept and some of the
Journals and Papers belonging to the House are in the hands of

(1) See notice of Andrew Clarkson in Brewster's Ramb. about Portsmouth, Vol. I., p.
269-272.— Ed.

86 PROVINCE OF NEW-HAMPSHIRE. [1765.

the Administratrix of Mr. Andrew Clarkson late Clerk of this
House ;

Voted, that Clement March Esq. Mr. Jacob Sheaf and Meschech
Weare be a Com tee to Receive the keys and all the Books, Papers
and files belonging to this House in the hands of said Adminis-
tratrix and to deliver them to the Present Clerk and to give a
liec 1 to said Administratrix for the same.

Mr. Speaker laid before the House the Proceedings of the late
General Congress at New York, which were forwarded to him by
direction of the Congress that this House might joyn therein if it
saw fit, which were read.

The Com t<e appointed to Receive the Keys, Books and files of
the Administratrix of Mr. And r Clarkson Deceas'd Delivered the
same to the present Clerk.

The House adjourned till to morrow 10 o'clock a. m.

Proceedings of the General Congress at JVeic York (1).

[Copied from " Addresses to the Khuj, 1707-1775," in Secretary's Office, pp.

117-132.]

To the Rigid Honorable the Lords Spiritual and Temporal of Great Britain,
in Parliament Assembled,

The Memorial of Freeholders and other Inhabitants of the Massachusetts
Bay, Rhode Island and Providence Plantations, New Jersey, Pennsylvania,
the Government of the Counties of New Castle, Kent and Sussex upon
Delaware, Province of Maryland,
Most humbly shews —

That his Majesty's liege subjects in his American Colonies, though they
acknowledge a uue subordination to that august Body the British Parliament,
are entitled, in the opinion of your memorialists, to all the inherent Bights
and Liberties of the natives of Great Britain and have, ever since the Settle-
ment of the said Colonies, exercised those Bights and Liberties, as far as
their local Circumstances would permit,

That your memorialists humbly conceive one of the most essential Bights
of these Colonists which they have ever, till lately uninterruptedly enjoyed,
to be Trial by Jury.

That your Memorialists also humbly conceive another of these essential
Bights to be the Exemption from all Taxes, but such as are imposed on the
People by the several Legislatures in tbese Colonies, which Bight also they
have till of late freely enjoyed. But your memorialists beg leave humbly to
represent to your Lordsbips that the Act for granting Stamp Duties in the
British Colonies in America etc. fills his Majesty's American subjects with
the deepest concern (2) ; it tends to deprive them of the two fundamental and i

(l)See a notice of this General Congress, in Vol. VII., Colonial MSS. of New York. pp. (
7G0-7G7. Dr. Holmes. In Am. Annals, Vol. II.. )>. 135, Camb.. 1829, says: ''On the 7th of i
Octoher (1765), a Congress, consisting Of twenty-eigllt delegates from ihe Assemblies of
Massachusetts, Rhode [aland and Providence Plantations, Connecticut. New York, New
Jersey, Pennsylvania, the Delaware Counties, .Maryland and South Carolina, convened in
the city of New York, and Timothy Euggles, of Massachusetts, was chosen President.
. . . . The Assemblies of Virginia, North Carolina and Georgia, were prevented by
their Governors from sending Representatives to the Congress; but they forwarded peti-
tions to England, similar to those adopted by that body."— Ed.

(2) The Stamp Act. a* it Is called, may be found in State Library, at length, in English
Statutes, Vol. VIII., G. Rex. hi., chap. 12, pp. 17-30. London, 1771. — Ed.

1765.] JOURNAL OF THE HOUSE. 87

Invaluable Bight6 and Liberties above mentioned ; and that several other late
acts of Parliament which extend the Jurisdiction and Powers of Courts of
Admiralty in the Plantations, beyond their limits in Great Britain, thereby
make an unhappy distinction, as to the modec of Trial between us and our
Fellow subjects there, by whom we have never been excelled in Duty and
Loyalty to our Sovereign.

That from the natural connexion between Great Britain and America, the
perpetual continuance of which, your memorialists most ardently desire,
they conceive that nothing can conduce more to the Interest of both than the
Colonists free Enjoyment of their Eights and Liberties and an alfectionate
Intercourse between Great Britain and them. But your memorialists (not
waving their claim to these Eights, of which with the most becoming venera-
tion and Deference to the Wisdom and Justice of your Lordships, they ap-
prehend they cannot reasonably be deprived) humbly represent, that from
the peculiar circumstances of these Colonies, the Duties imposed by the afore-
said acts and several other late acts of Parliament, are extremely grievous and
burthensome, and the Payment of the said Duties will very soon for want of
specie, become absolutely impracticable, and that the Restrictions on Trade
by the said Acts will not only greatly distress the Colonies, but must be ex-
tremely detrimental to the Trade and true Interest of Great Biitain.

Tour memorialists, therefore, impressed with a just sense of the unfortu-
nate circumstances of the Colonies, and the impending destructive conse-
quences which must necessarily ensue from the Execution of these Acts, and
animated with the warmest sentiments of filial Affection for their Mother
Country, most earnestly and humbly intreat, that your Lordships will be
pleased to hear their Council in support of this memorial, and take the
Premises into your most serious consideration, and that your Lordships will
also be thereupon pleased to pursue such measures for restoring the just
Eights and Liberties of the Colonies and preserving them forever inviolable,
for redressing their present and preventing future grievances, thereby promot-
ing the united Interests of Great Britian and America, as to your Lordships,
in your great Wisdom shall seem most conducive and effectual to that impor-
tant end, — and your memorialists will pray, &e.

Indorsed " Congress N. Y.
Memorial to House of Lords, 1765."

To the Honorable the Knights, Citizens and Burgesses of Great
Britain in Parliament assembled.

The Petition of his Majestys dutiful and loyal subjects the Freeholders and
other Inhabitants of the Colonies of the Massachusetts Bay, Ehode Island
and Providence Plantations, New Jersey, Pennsylvania, the Governments
of the Counties of New Castle Kent and Sussex upon Deleware, Maryland.

Most humbly sheweth —

That the several late Acts of Parliament imposing divers Duties and Taxes
on the Colonies, and laying the Trade and Commerce thereof unier very
burthensome Restrictions, but above all, the Act for granting and applying
certain Stamp Duties &c. in America have filled them with the deepest con-
cern and surprise, and they humbly conceive the Execution of them will be
attended with consequences very injurious to the Commercial Interest of
Great Britain, and her Colonies, and must terminate in the Eventual Euin of
the latter.

Your Petitioners, therefore, most ardently implore the attention of the
Honorable House to the united and dutiful Bepresentation of their Circum-
stances, and to their earnest supplications for relief from these Eegulations
that have already involved this Country in anxiety, confusion aud Distress.

We most sincerely recognize our allegiance to the Crown, and acknowledge
ail due subordination to the Parliament of Great Britain; and shall always

88 PROVINCE OF NEW-HAMPSHIRE. [1765.

retain the most grateful sense of their Assistance and Protection. It is from
and under the English Constitution we derive all our Civil and Religious
Rights and Liberties; We glory in being the subjects of the best of Kings,
and having been born under the most perfect form of Government: But it is
with most ineffable and humiliating sorrow, that we find ourselves of late de-
prived of the Right of granting our own Property, for his Majesty's service,
to which our Lives and Fortunes are entirely devoted, and to which on his
Loyal Requisitions we have ever been ready to contribute to the utmost of
our ability.

We have also the misfortune to find that all the Penalties and Forfeitures
in the Stamp Act, and divers late Acts of Trade extending to the Plantations,
are at the election of the Informer, recoverable in every Court of Admiralty
in America. This, as the newly erected Court of Admiralty has a general"
Jurisdiction over all British America, renders his Majesty's subjects in these
Colonies liable to be carried at an immense Expense from one End of the
Continent to the other. It also gives us Great Pain to see a manifest Distinc-
tion made therein between the subjects of our mother Country and the Col-
onies, in that the like Penalties and Forfeitures receivable there, only his Ma-
jesty's Courts of Record are made Cognizable here, by a Court of Admiralty.
By this means we. seem to be in effect unhappily deprived of two Privileges
essential to Freedom and which all Englishmen have ever considered as their
best Birth-rights, that of being free from all Taxes, but such as they have
consented to in Person or by" their Representatives, and of Trial by their
Peers.

Your Petitioners further show, that the remote situation and the circum-
stances of the Colonies, render it impracticable that they should be repre-
sented but in their respective subordinate Legislatures; and we humbly con-
ceive that the Parliament, adhering strictly to the Principles of the Constitu-
tion, have never hitherto Taxed any but those who were actually therein rep-
resented. For this reason we humbly apprehend they never have Taxed Ire-
land, or any other of the British subjects without the Realm ; but were it ever
so clear that the Colonies might in Law be reasonably deemed to be repre-
sented in the Honorable House of Commons; yet we conceive that very good
Reasons from Inconveniency, from the Principles of true Policy, and from
the Spirit of the British Constitution, may be adduced to show that it would
be for the real Interest of Great Britain, as well as her Colonies, that the late
Regulations should be rescinded, and the several Acts of Parliament impos-
ing Duties and Taxes on the Colonies and extending the Jurisdiction of the
Court of Admiralty here, beyond their ancient Limits should be repealed.

We shall not attempt a minute Detail of all the Reasons which the wisdom
of the Honorable House may suggest on this occasion, but would humbly
submit the following Particulars to their consideration :

That money is already become very scarce in these Colonies and is still de-
creasing by the necessary Exportation of specie from the Continent ibr the
Discharge of our Debts to British merchants: That an immensely heavy Debt
is yet due from the Colonies for British manufactures, and that they are still
heavily burthened with Taxes to discharge the arrearages due for aids granted
by them in the late war; That the Ballance of Trade will ever be much against
the Colonies and in Favour of Great Britain, whilst we consume her Manu-
factures, the Demand ibr which must ever increase in proportion to the
Number of Inhabitants settled here, with the means of purchasing them:
We therefore humbly conceive it to be Cor the Interestof Great Britain to in-
crease rather than diminish these means, as the Profits of all the Trade of
the Colonies ultimately center there, to pay for her manufactures; as we are
not allowed to purchase elsewhere, and by the Consumption of which all the
advanced Prices the British Taxes oblige the makers and venders to set on
them, we eventually contribute very largely to the Revenue of the Crown.

Tli.it from the nature of American Business the multiplicity of suits and
Papers, and in matters of small value, in a country when' Freeholders are so
minutely divided, and Property so frequently transferred, a stamp Duty must
ever be very burthensome and unequal: That it is extremely improbable that
the Honourable House of Commons should at ail times be thoroughly ac-

1765.] JOURNAL OF THE HOUSE. 89

quainted with our condition, and all Facts requisite to a just and equal Taxa-
tion of the Colonies.

It is also humbly submitted whether there be not a material Distinction in
Reason and sound Policy at least, between the necessary Exercise of Parlia-
mentary Jurisdiction in General Acts for the Amendment of the Common
Law, and the Regulations of Trade and Commerce through the whole Em-
pire, and the Exercise of that Jurisdiction by imposing Taxes on the Colonies.

That the several subordinate Provincial Legislatures have been moulded
into Forms as near resembling that of the mother Country as by his Majes-
tys royal Predecessors was thought convenient ; and these Legislatures seem
to have been wisely and graciously established that the subjects in the Colo-
nies might, under the due administration thereof, enjoy the happy Fruit of
the British Government, which in their present circumstances they cannot
be so fully and clearly availed of any other way.

Under these Forms of Government, We, and our Ancestors have been born
or settled, and have had our Lives, Liberties and Properties protected. The
People here, as every where else, retain a great Fondness for their old Cus-
toms and usages; and we trust that his Majestys service and the Interest of
the nation, so far from being obstructed, have been vastly promoted by the
Provincial Legislatures.

That we esteem our connections with and dependence on Great Britain, as
one of our greatest Blessings, and apprehend the latter will appear to be suffi-
ciently secure when it is considered that the Inhabitants in the Colonies have
the most unbounded affection for his Majestys Person, Family and Govern-
ment, as well as for the mother Country, and that their subordination to the
Parliament is universally acknowledged.

We therefore most humbly intreat that the Honourable House would be
pleased to hear our Council in support of this Petition and take our dis-
tressed and deplorable case into their consideration, and that the acts and
clauses of Acts so grievously restraining our Trade and Commerce, imposing
Duties and Taxes on our Property, and extending the Jurisdiction of the
Court of Admiralty beyond its Ancient Limits may be repealed ; or that the
Honourable House would otherwise relieve your Petitioners, as in your great
Wisdom and goodness shall seem meet.

And your Petitioners as in Duty bound shall ever pray.
Indorsed " Congress N. Y.
Memorial to House of Commons, 1765."

To the King's Most Excellent Majesty.

The Petition of the Freeholders and other Inhabitants of the Massachusetts
Bay, Rhode Island and Providence Plantations, New Jersey, Pennsylvania,
the Government of the Colonies of New Castle, Kent and Sussex upon
Delaware, Province of Maryland :

Most Humbly Sheweth —

That the Inhabitants of these Colonies, unanimously devoted, with the
warmest sentiments of Duty and affection to your Majestys sacred Person
and Government, inviolably attached to the present happy Establishment of
the Protestant succession in your illustrious House, and deeply sensible of
your Royal attention to their Prosperity and Happiness, humbly beg leave to
approach the Throne by representing to your Majesty, That these Colonies
were originally planted by subjects of the British Crown, who, animated with
the Spirit of Liberty, encouraged by your Majestys Royal Predecessor, and
confiding in the publick Faith for the enjoyment of all the Rights and Liber-
ties essential to Freedom, emigrated from their native Country to this Conti-
nent, and by their successful Perseverance in the midst of innumerable Dan-
gers and Difficulties, together with a profusion of their Blood and Treasure,
have happily added these vast and valuable Dominions to the Empire of
Great Britain.

90 PROVINCE OF NEW-HAMPSHIRE. [1765.

That for the Enjoyment of these Rights and Liberties, several Govern-
ments were early formed in said Colonies, with full Power of Legislation,
agreeable to the Principles of the English Constitution.

That under those Governments these Liberties thus vested in their Ances-
tors, and transmitted to their Posterity, have been exercised and enjoyed,
and by the inestimable Blessings thereof under the Favour of Almighty God,
the inhospitable Desarts of America have been converted into flourishing
Countries, Science, Humanity, and the knowledge of divine Truths, diffused
through remote Regions of Ignorance, Infidelity and Barbarism ; the number
of British subjects wonderfully increased, and the Wealth and Power of
Great Britain proportionally augmented.

That by means of these settlements, and the unparalleFd success of your
Majestys arms a Foundation is now laid for rendering the British Empire the
most extensive and powerful of any recorded in History. Our connections
with this Empire we esteem our greatest Happiness and security, and humbly
conceive it may now be so established by your royal Wisdom, as to endure to
the latest Period of Time. This, with most humble submission to your Maj-
esty, we apprehend will be most effectually accomplish'd, by fixing the Pillars
thereof on Liberty and Justice, and securing the inherent Rights and Liber-
ties of your Subjects here upon the Principles of the English Constitution.
To this Constitution these two Principles are essential. The Right of your
faith full subjects freely to grant to your Majesty such aids as are required for
the support of your Government over them and other publick Exigences, and
Trials by their Peers. By the one they are secured from unreasonable Impo-
sitions, and by the other from arbitrary Decisions of the executive Power.
The Continuation of these Liberties to the Inhabitants of America we
ardently implore as absolutely necessary to unite the several Parts of your
wide, extended Dominions in that Harmony so essential to the Preservation
and Happiness of the whole. Protected in these Liberties, the Emoluments
Great Britain receives from us, however great at present, are inconsiderable
compared with those she has the fairest Prospect of acquiring. By their
Protection she will forever secure to herself the advantage of conveying to
all Europe the merchandises which America furnishes, and of supplying thro'
the same Channel whatever is wanted from thence. Here opens a boundless
source of Wealth and Naval Strength ; yet these immense advantages, by the
abridgment of those invaluable Rights and Liberties by which our Growth
has been nourish'd, are in Danger of being forever lost, and our subordinate
Legislatures in effect rendered useless by the late Acts of Parliament, impos-
ing Duties and Taxes on these Colonies, and extending the Jurisdiction of
the Courts of Admiralty here, beyond its ancient Limits; Statutes by which
your Majestys Commons in Great Britain, undertake absolutely to dfspose of
tbe Property of their Fellow subjects in America, without their consent, for
the enforcing whereof they are subjected to the Determination of a single
Judge, in a Court unrestrained by the wise Rules of the Common Law, the
Birth-right of Englishmen and the safeguard of their Persons and Properties.

The invaluable Right of taxing ourselves and Trial by our Peers, of which
we implore your Majestys Protection, are not, We most humbly conceive, un-
constitutional, but confirmed by the great Charter of English Liberty. On
the first of these Rights the honorable the House of Commons found their
Practice of originating money Bills; a Right enjoyed by the kingdom of Ire-
land, by the Clergy of England until relinquished by themselves; a Right in
Fine, which all other your Majestys English subjects, both within and with-
out the Realm have hitherto enjoyed.

With Hearts therefore impressed with the most indelible characters of
Gratitude to your Majesty, and to the memory of the Kings of your illustri-
ous House, whose Reigns have been signally distinguished by their auspicious
Influence on the Prosperity of the British Dominions, and convinced by the
most affecting Proofs of your Majesty's Paternal Love to all your People, how-
ever distant, and your unceasing and benevolent Desires to promote their
Happiness; We most humbly beseech your Majesty that you will be gra-
ciously pleased to take into your Royal consideration the Distresses of your
faithful subjeets on this Continent, and to lay the same before your Majesty's

1765.] JOURNAL OF THE HOUSE. 91

Parliament, and to afford them such Relief as in your Royal Wisdom their
unhappy circumstance shall be judged to require. And your Petitioners, as-
in duty bound, will pray.
Indorsed — " Congress, 1ST. Y.
Petition to the King — 1765."

Declaration adopted by the Congress at New York, 1765,

The members of this Congress, sincerely devoted, with the warmest senti-
ments of Affection and Duty to his Majesty's Person and Government, invio-
lably attach'd to the present happy Establishment of the Protestant succes-
sion, and with minds deeply impressed by a sense of the present and
impending misfortunes of the British Colonies on this Continent, having
considered as maturely as Time will permit the circumstances of the said
Colonies, esteem it our indispensable Duty to make the following Declara-
tions of our humble opinion respecting the most essential Rights and Liber-
ties of the Colonists, and of the Grievances under which they labour, by
Reason of several late Acts of Parliament.

1 st That his Majesty's subjects in these Colonies, owe the same allegiance
to 'the Crown of Great Britain that is owing from his Subjects from within
the Realm, and all due subordination to that August Body the Parliament of
Great Britain.

2 d That his Majesty's subjects in these Colonies, are intitled to all the
inherent Bights and Liberties of his natural born subjects within the kingdom
of Great Britain.

3 d That it is inseperably essential to the Freedom of a people, and the un-
doubted Right of Englishmen, that no Taxes be imposed on them, but with
their own consent, given Personally, or by their Representatives.

4 th That the People of these Colonies are not and from their local circum-
stances, cannot be represented in the House of Commons in Great Britain.

5 th That the only Bepresentatives of the People of these Colonies are per-
sons chosen therein by themselves, and that no Taxes ever have been or can
be constitutionally imposed on them, but by the respective Legislatures.

6 th That all supplies to the Crown, being free gifts of the People, it is un-
reasonable and inconsistent with the Principles and Spirit of the Constitution
for the People of Great Britain to grant to his Majesty the Property of the
Colonists.

7 th That trials by Jury is the inherent and invaluable Right of every British
subject in these Colonies.

8 th That the late Act of Parliament, intitled " An act for granting and
applying certain Stamp Duties in the British Colonies and Plantations in
America" &c. by imposing Taxes on the Inhabitants of these Colonies, and
the said Act, and several other Acts, by extending the Jurisdiction of the
Courts of Admiralty beyond its ancient Limits, have a manifest Tendency to
subvert the Rights and Liberties of the Colonists.

9 th That the Duties imposed by several late Acts of Parliament, from the
peculiar circumstances of these Colonies, will be extremely burthensome and
grievous ; and from the scarcity of specie, the payment of them absolutely
impracticable.

10 th That as the Profits of the Trade of these Colonies ultimately center in
Great Britain to pay for the manufactures which they are obliged to take
from thence, they continually contribute very largely to all supplies granted
there to the Crown.

11 th That the Restrictions imposed by several late Acts of Parliament on
the Trade of these Colonies, will render them unable to purchase the manu-
factures of Great Britain.

12 th That the Increase," Prosperity and Happiness of these Colonies depend
on the full and free Enjoyment of their Rights and Liberties, and an Inter-
course with Great Britain mutually affectionate and advantageous.

92 PROVINCE OF NEW-HAMPSHIRE. [1765.

13 th That it is the Right of the British suhjects in these Colonies to peti-
tion the King, or either House of Parliament.

Lastly, that it is the indispensable Duty of these Colonies to the best of
Sovereigns, to the mother Country and to themselves, to endeavour by a
loyal and dutiful Address to his Majesty, and humble application to both
Houses of Parliament, to procure the Repeal of the Act for granting aud ap-
plying certain Stamp Duties, of all clauses of any other Act of Parliament,
whereby the Jurisdiction of the Admiralty is extended as aforesaid, and of
the other late Acts for the Restriction of American Commerce.

Indorsed — ''Resolutions of Congress
of 1765, New York."

Fryday, Nov r 22 d 1765, a. m.

The House met according to adjournment. Mr. Speaker Laid
before the House the Proceedings of the late General Congress at
New York which were forwarded to him by direction of the Con-
gress, that this House might joyn therein if it saw fit — which
having been Read and Considered,

Resolved and voted Unanimously,

That this House do fully approve of and Heartily Joyn in the
Resolves and several Petitions agreed upon by the said General
Congress and that the Hon 1>le Henry Sherburne, Esrp Speaker of
this House, Clem 1 March and Mesliech Weare Esq rs be a Comm* 66
hereby fully impowered to sign the same in behalf of this House,
if not too late: If the General Petitions are forwarded and cannot
[p. 89.] be signed properly that then and in that case the said Pe-
titions to be fairly Engrossed, that they sign them in behalf of this
House, forward them with Duplicates by the very first opportu-
nity to Barlow Trecothick and John Wentworth, Esq K at London,
who or either of them are appointed Special Agents for this House
and are hereby fully Impowered and earnestly Desired to present
the said Petitions, to employ Council if need be and use their ut-
most Endeavors bo obtain the favour and Compassion of our most
Gracious Sovereign and the Parliament towards his Majestys Dis-
tressed but still most faithfull and Dutiful Subjects of his Ameri-
can Colonies.

A message was sent to the Council by the Clerk to Desire that
the Acts Resolves and votes Passed in this House the last Session
and not concurrM and assented to might he sent down to the
House,

.Mr. See v Brot into the i louse sundry Bills Passed in this House
the Lasi Sessions not assented to.

P. .M.

[p. 1-0.] A Precepl was signed by the Speaker and sent to the
Sheriff for the Election of a member to serve in Gen 1 Assembly
(>]• the town of Portsm", in the room of Mr. CI arks on.

1765.] JOURNAL OF THE HOUSE. 98"

Saturday Nov 1 ' 23 d 1765.

The High Sheriff came into the House and Inform'd that sun dry-
Breaches have, been made in the Province Goal and that sundry
Repairs were wanted to be made and Prayed the House to con-
sider of the same.

[p. 41.] Voted That the Hon ble Henery Sherburne, Speaker
and Col Weave be a Com tee to answer his Excellency's speech.

[p. 42.] Wednesday Nov 1 ' 27 th 1765, a. m.

• The House took under consideration the motion made by the
High Sheriff Saturday last respecting the State of the Province
Goal and appointed Col Wentworth, Esqr. Wiggin, Maj r Right
and Capt. Worthen to view the Jail and make Report; — who ac-
cordingly went Immediately and view'd said Goal and made Re-
port that some iron Barrs and Repairs are necessary to be made
where the Breaches were and sundry other Repairs. Whereupon
the House Past the following vote, viz.

Whereas sundry Breaches have lately been made in the Prov-
ince Goal which are necessaiy to be Repaired, and sundry other
Repairs are wanting to put the said Goal in a Proper situation,

[p. 43.] Voted That Mr. Jacob Sheaf be a Com tec of this House
to joyn such as may be appointed by the Hon ble Board to get the
necessary Repairs made for Puting the Province Goal in a Proper
Condition for safe keeping and accommodating Prisoners, That
they may be Impowerecl to Draw mone}^ out of the Treasury to
accomplish such Repairs and be accountable to the Gen 1 Ass m for
the same. Sent up by Mr. Tappan. [Concurred.]

Mr. Barrell Bro't Down from the Board the Petition of Martha
Barrell Praying for liberty to bring in a Bill for a Divorce from
her husband William Barrell for Reasons assigned in the Peti-
tion (a).

Also a Petition of many persons belonging to the town of
Portsm to Prevent the monopoly of fresh Provisions (b).

(a) Jour. C. & Assm. Nov r 27, 1765. The Petition of Martha Barrell of
Portsm in this Province setting forth that about Three months Past she
intermarried with one William Barrell of said Portsm with all the Publick
forms of matrimony under expectation of living comfortably & happily with
him and that he would answer every End of matrimony, but so it is that the
End of matrimony which among other things Tends to increase & multiply,
which cannot be ever answered to her, as it has Pleased God that your Peti-
tioners said Husband is utterly incapable to satisfy the most virtuous and
modest Feminine Inclination and is Impotent to render that due Benevo-
lence which every married woman is warranted not only in expectation, but
receiving &c. and Praying she might have a day assigned to Prove her alle-
gations and that the said William might be notifyed thereof accordingly.
Read & sent down. [The petitioner granted a hearing.]

{b) The petition of William Shackford and about 123 others, Inhabitants of
the Town of Portsmouth setting forth that they have of late been greatly-

94 PROVINCE OF NEW-HAMPSHIRE. [1765.

agrieved by a custom practised by the shopkeepers in the said Town in Pur-
chasing Provision of Country People, who vend such comodities to the In-
habitants with considerable advance; & praying redress &c. Read and sent
down.

P. M.

Whereas by an Act past in the fifteenth year of his Majesty's
Reign for setting off a part of the town of Bow together with
some lands adjoyning thereto with the Inhabitants therein Erect-
ing them into a Parish <fcc. for the Reasons therein Expressed : In
which Act it was ordered that the first meeting of the said In-
habitants for the choice of Town officers should be held on the
third Tuesday of Aug 1 then next, which meeting was to have been
Notified by Samuel Emmerson, Esq r . according to Pellicular Di-
rections given in the same Act, which may more fully appear by
Reference to the said Act (1) which time is Elapsed, and by some
accident Interveneing the said meeting was not duly called, but
has hitherto been omitted, Therefore

[p. 44.] Resolved and Voted that the said Samuel Emmerson
be and hereby is authorised to call the meeting of the said In-
habitants and to do and perform every other service duty and
business to which he was directed and authorised by the said Act,
and the said meeting is hereby ordered to beheld within the same
Parish on the third Tuesday of January next, and every officer
who shall be chosen and appointed in consequence thereof shall
have the snme Power and authority to all intents as if the meet-
ing appointed by said Act had been duly held, and all the said
offices shall have the same time to discharge the duty enjoyned by
the s d act Reckoning from the time of holding the meeting newly
appointed that w r as allowed from the time of holding the meeting
appointed & mentioned in s d Act.

The Committee appointed to prepare an Answer to his Excel-
lency's speech of the 19 th Inst bro't into the House an answer
which they had prepared which was Read and is as follows, viz :

May it please your Excellency —

Your Exc'ys speech of the 19 th Instant calls for our sincere acknowledg-
ment and the strongest assurance that we shall with our usual Diligence pro-
ceed to the consideration of the matters Recommended and the Dispatch of
all necessary and Important business before us.

The Treasurer's accompts (tho' adjusted in y e last session) and the present
[p. 45.] state thereof shall be further Examined, Past neglects (if any appear)
Rectifyed, and if some Resolves of the Council and Assembly now before
your Exc- V calculated as the most speedy anil safe method for sinking the
Paper Bills of Credit now Extant should be consented to, we might hope
soon to see an End of our Paper Currancy.

Your Excellency's kind assurance of contributing all in your power to
Render t"his Session short & agreeable gives us great Pleasure and affords the
pleasing Prospect of a speedy Recess.

Voted that the foregoing be sent to his Exc y in answer to his
speech of the 19 th Instant.

(1) See Boutoii's Hist, of Concord, pp. 747, 748.— Ed.

1765.] JOURNAL OF THE HOUSE. 95

[p. 46.] Fryday Nov r 29 th 1755, a. m.

The President of the Councill came into the House and informed
that the vote appointing a Com tee for Repairing the Prison, the
Vote for the Gen 1 Assembly's allowance, the vote for the Treas-
urer to Receive any money for y e Taxes for the year 1765, and
also the Resolve Impowering the Agents to sell the Province
money on the Stocks, were concurr'd and consented to by the
Governor.

[p. 47.] P. M.

Report of the Com tee for Examining the Province Laws Read
and

Voted That the said Report be Received accepted & allowed,
and that a Bill be immediately Prepared agreeable to said Report.

Saturday Nov 1 " 30 th , 1765.

[p. 49.] Voted That Mr. Jacob Sheaf and Meshech Weare be
a Com tee of this house to joyn such as may be appointed by the
Hon ble Councill to Receive of the Administratrix of Mr. And 1 '
Clarkson Deceas'd the Types from which the Sterling Bills of this
Province were Printed which were in said Clarkson's keeping at
the time of his Decease; and Lock up the same in the Province
Strong Box and make Report to the General Assembly. Sent up
by Capt Carlton. [Concurred.]

Voted, That Meshech Weare be a Com tee of the House to Re-
ceive of the Administratrix of Mr. And 1 ' Clarkson, the Certificates
for the wages of the members of the Gen 1 Ass m left by him at his
decease and to give a Rec* for the same (a).

{a) Petitions, votes, bills, passed by the House and concurred by the C. &
Assm. from Nov r 19 th to Nov r 30 th , 1765.

Petition of Samuel Levet & Obadiah Marstoii for a new Parish in Notting-
ham — leave to bring in a Bill.

Petition of Inhabitants of New Boston about location of meeting house —
leave to bring in a Bill; afterwards, Petition dismissed.

Petition of Sam 1 Rankin for guardians to be appointed over Thos. Hall and
wife, distracted — John Hall & Alexander McMurphy appointed.

Petition of Thomas Levet et alii Presbyterians of Hampton Falls, to be
exempted from paying taxes to Rev. Mr. Wingate, hearing granted.

Petition of Susannah Adams of Durham about a Deed withheld from her,
hearing granted.

Petition of Inhabitants in westerly part of Durham for a new Parish, a
hearing granted.

Com tee appointed about a highway in Newmarket.

Act authorizing the Judge of Probate to divide real estate of Nath 1 Sar-
gent, dec d .

Petition of Josiah Melvin, by Sam 1 Hobart respecting an action before the
Superiour Court — hearing granted.

96 PROVINCE OF NEW-HAMPSHIRE. [1766.

[p. 50.] Mr. Secretary came into the House and by his Excel-
lency's Direction adjourned the Gen 1 Ass m to Wednesday the
first day of Jan 7 next 10 o'clock, a. m.

Attest— M. Weare, Cl r .

[p. 51.] Wednesday January 1 st 1766.

A number of the members met but not sufficient for a house.
Adjourned.

Thursday, Jan* 2 d 1766.

The Speaker being unable to attend in the House made choice
of Col" Peter Gilman, Esq. Speaker pro Tempore.

The High Sheriff made return on the Precept Issued the 22 (l of
Nov 1 " last for choosing a Representative for the Town of Ports-
mouth, that William Parker, Esq. was chosen to Represent said
Town. [Was qualified by taking the usual oaths.]

[p. 56.] Thursday Jan- V 9 th 1766, a. m.

The selectmen of Durham Pray VI leave to come into the House
and being admitted Inform' d the House that by the death of Map
Smith who was chosen to Represent s (1 Town, they were now
without a Representative and Pray'd that a Precept might Issue
for choosing some person to Represent s d Town in Gen 1 Assembly,
which being considered,

Voted That a Precept to be signed by the Speaker be Issued to
the Sheriff for Electing a new member for Durham.

P. M.

[p. 57.] A motion was made from the Speaker that the Re-
solves agreed on by the General Congress at New York might be
Read, and if agreeable to the House that they might be made the
Resolves of this House, and made part of the Records of this
House.

Said Resolves were accordingly Head ami arc as follows:
[See page 91.]

[p. 60.] Which Resolves having been maturely considered.

Resolved <fc Voted, That they Express the sentiments of this-
House, that they be made part of the Records thereof.

Attest. M. Weare, Clk.

11G6.] JOUJRNAL OF THE HOUSE. 97

Fryday, Jan^ 10 th 1766, (a) a. m.

(a) Votes and Bills &c. passed by the House <& Concurred by Council Jan*
9, & 10, Act to establish a Deed of conveyance of about 15 acres of land in
Durham.

Act for incorporating a new Parish in Durham.

Josiah Melvin's Petition for a rehearing before Sup r Court, granted.
. Susanna Adams petition about a Deed withheld from her s granted.

Wednesday, Jan>' 15 th 1766. a. m.

[p. 62,] A message was sent to the Council by the Clerk of
the Honse to Enquire what Acts had passed the Council and
were consented to by the Governour.

P.M.

In answer to the message to the Council by the Clerk in the
forenoon, Mr. Secretary came down and Inform'd that the fol-
lowing Acts were consented to by the Governour, viz.

For a new Parish in Durham.
To enable the Treasurer to recover Debts, &c,
To revive the Proprietary Act.
To enable Selectmen to exchange Roads.
To enable Inhabitants to call town meetings.
To make void a fraudulent Deed.
To enable Peabody & Shepard to sell land.
To Dissolve the marriage of Sam 1 Smallcom.
22d ) In favor of the Proprietors of New Britain,
j An act relative to the assize of bread.

A message from the Board for a Com* 66 to examine Papers in
the Recording office Brot into the House in July last but not
acted on was taken under consideration, and being consider'd,
Ordered to lay for further consideration.

[p. 67.] Thursday, Jan? 23 rd 1766.

A message was sent to the Board by Mr. Parker to inform
that the Acts and Principal business which lay before the House
was Passed and sent to the Board and to Desire the same might
be Passed at the Board as soon as may be to be laid before his
Excellency.

[p. 68.] Mr. Livius Bro't Down from the Council the petition
of Martha Barrill sent up from the House the 30 th of Nov r last
with the vote of the House giving the Petitioner liberty to bring
in a Bill for a Divorce, which vote the Council concurred as
follows, viz.

In Council Jan? 23 d 1766.

The above vote Read & concurred with the amendment, viz. That either

party have liberty to bring in a bill of Divorce (a rnensa & thoro) to liberate

98 PROVINCE OF NEW-HAMPSHIRE. [1766.

the Parties from all Demands of their Persons or Estates Respectively unless
some future mutial agreement between the said Parties to the contrary should
take place, untill which time their Issue to be Illegitimate. Sent down for
concurrence.

P. M.

Voted that Mr. Speaker, William Parker Esq and Mr. Jacob
Sheafe be a Committee to get all the Publick Acts that are neces-
sary to be printed, that are or may be Passed the present session
to be printed as soon and in at as cheap a Rate as may be at the
charge of the Province: One hundred and fifty copys of each
Act to be printed. His Excellency the Governor, each member
of the Council and House of Representatives to have one, and
one for each Clerk of the Courts and for each Town and Parish
Clerk for the use of their respective Towns and Parishes. The
remainder to be Disposed of as the General Assembly shall order.

[p. 69.] Saturday, Jan? 25 th 1766.

The vote of Councill on Mrs. BarrelPs Petition taken under
consideration and

Voted, That it be non-concurred.

[p. 70.] Thursday, Jan? 30 th , 1766. a. m.

Mr. Sec y came into the House and said the following Acts were
consented to by his Excellency, viz.

The Act in addition to the Act for regislating weights and measures.

The Act for Recording Powers of Attorney — or Instruments by which
Deeds of Conveyance &c. are made.

The Act to authorize any Town or Towns in this Province to build, Im-
prove & Establish any house within their respective towns — for houses of
Correction.

And the other Acts required further consideration, (a)

(a) Votes, Acc t8 , allowances made by the House and concurred by the
Council — in addition to the above, from Jan- V 16 th to Jan>' 30 th , 176(1

Allowed Ezekiel Gummer for service as door keeper, 3s per day from 21 §t
May 1765, to the dissolution of the present Assembly.

Allowed Thomas Furber for printing two laws £3: 15.

Ace 1 of Nathan Kowe, Dep. Sher. for arresting Rachel Eaton, on suspicion
of murder, allowed £14: 8: 0.

Bill to invest the Overseers of the Poor with power to employ them and to
provide for bringing up their children more usefully.

Ace 1 of Eleazer Russel, post master, allowed for postage of the Gov rs letters,
£29: 16:5, lawful money.

Acc e of Daniel Pierce, Recorder, allowed £33:0:6 lawful money. Daniel
Pierce again chosen Recorder of Deeds and Conveyances.

Ace 1 of Jacob Sheafe for digging a well for the Prison, allowed £14, lawful
money.

1766.] JOURNAL OF THE HOUSE. 99

When the Secretary by his Excellency's direction adjoura'd the
Geo 1 Assembly to the twenty-fifth day of Feb y next ten o'clock
in the forenoon.

Att. M. Weare, Cl r .

His Excellency the Governor before the Day to which the Gen 1
Assembly stood adjourn'd Prorogued the General Assembly to
the 27 th of May and by a further proclamation the Gen 1 Ass m was
further Prorogued to the "25 th of June,

Wednesday, June 25 th 1766.

The House met according to Prorogation.

[Of his Majesty's Council, Present
His Excellency Banning Wentworth, Esq. Governor
Theodore Atkinson ) Nath 1 Barrel)

Dan 1 Warner > Esqs. &

Theodore Atkinson, jun. ) Peter Livius.]

A message was sent by Col GofFe to the Chair to inform that
there was a House met.

[p. 71.] Mr. Sec y came into the House and Inform'd the
Speaker and the House that his Excellency the Governor Required
their Immediate attendance at the Council Board.

Mr. Speaker and the House Immediately attended at the Coun-
cil Board where the President of the Council by his Exc y8 Direc-
tion Read his Exc 5 ' 8 Speech to the Councill and Assembly.

A message was sent to the Board by Mr. Bell to Desire a Copy
of his Exc ys Speech.

Govern ors Speech .
[Copied from MS. Gov™ Mess a , Vol. III., p. 291.]
Gentlemen of the Council and of the Assembly —

General Conway, one of his Majesty's Principal Secretary's of State, trans-
mitted me two Acts of Parliament, passed this Session, one for the better
securing the dependancy of his Majesty's Dominions in America upon the
Crown and Parliament of Great Brittain, the other for the Repeal of the
Stamp Act, both of which I have caused to be published. I shall notwith-
standing lay them before you, together with the resolves of Parliament previ-
ous to the Repeal of the Stamp Act, «ilso General Conway's letter, which, I
have thought proper to print for the benefit of his Majesty's subjects, and to
apprise them of his Majesty's great condescention and Clemency in relieving
us from the distresses we were under while that Act had a being.

General Conway's letter so clearly points out the Expectations of King,
Lords and Commons from us, that it would be vain in me to attempt any
addition of my own to explain it. I shall therefore only add, that in return
to our great benefactors for their compassionate regard to our distresses, I
shall always hope to see in this Province a spirit of universal gratitude pre-
vailing, tempere 1 with the purest zeal for his Majestys service, and the pros-
perity of our mother Country, which will essentially promote our own.

100 PROVINCE OF NEW-HAMPSHIRE. [1766.

It is by his Majesty's express Commands that I lay before you tbe resolves
of the House of Commons, as you will observe by the Address resolved on,
to be presented to his Majesty, that he would be graciously pleased to give
directions that the said resolutions should be transmitted to his Majesty's
Governors, to be by them communicated to their respective Assemblys.

The resolves of the Brittish Parliament I esteem my duty to recommend to
your strictest attention, as the safest path to tread in to obtain favors on
future emergencys. A compassionate regard for the sufferers in the late In-
surrections, and the universal opinion of the Commons, tkat those who had
been deprived of their property should have ample satisfaction made by the
respective Assemblys of the Colonys where the Injurys were done, I am ap-
prehensive was one motive for the Address resolved to be presented to his
Majesty ; but 1 have the pleasure & satisfaction to acquaint you that I have
no requisition to lay before you, and happy would it have been for the other
Colonys had they been in our situation.

Gentlemen of the Assembly —

My confinement with a long fit of the gout disabled me from transacting
any public business, and was the occasion of my not meeting you at the time
I intended.

The Treasurer shall have my directions to be in readiness with his
accounts, and when the State of the Treasury is known I hope you will
proceed to make such grants as you may judge necessary to defray the
expence and contingencies of the current year, & transact such other
matters as you may judge needfull to support the Honor &. dignity of the
Government. In which I shall contribute every thing that lies in the com-
pass of my power.

K. Wkntworth.

Council Chamber in
Portsmouth, 25 th June, 1766.

Secretary Conway's Letter.

[It appears that SecJ' Conway's letter was in the form of a Circular,
addressed to the Governors of the several Colonies. That, received by Gov.
Went worth, is not found on file; but the following addressed to the Gov r of
Rhode Island, is copied from R. I. Col. Rec. Vol. VI, pp. 486, 487.]— Ed.

St. James [London] 31^ March, 1766.
Sir —

Herewith, 1 have the pleasure of transmitting to you, copies of two acts of
Parliament just passed. The first, for securing the just dependency of the
Colonies on the mother Country; the second, for the repeal of the Act of the
last Session, granting certain Stamp duties in America; and I expect shortly
to send you a third, for the indemnity of such persons as have incurred the
penalties imposed by the Act just repealed, as such a bill is now depending,
and has made a considerable progress in the House of Commons.

The moderation, the forbearance, the unexampled lenity and tenderness of
Parliament towards the Colonies, which are so signally displayed in those
Aets, cannot but dispose the province committed to your care, to that return
of cheerful obedience to the laws and legislative authority of Great Britain,
and to those sentiments of respectful gratitude to the mother Country, which
are the natural, and, I trust, will be the certain effects of so much grace and
condescension, so remarkably manifested on the part of his Majesty, and of
the Parliament; and the future happiness and prosperity of the colonies will
very much depend on the testimonies they shall now give of these disposi-
tions.

For, as a dutiful and affectionate return to such peculiar proofs of indul-
gence and affection, may now, at this great crisis, be a means of fixing the

1766.] JOURNAL OF THE HOUSE, 101

mutual interests and inclinations of Great Britain and her colonies on the
most firm and solid foundations; so it cannot but appear visible tbat the
least coldness or unthankfulness, the least murmuring or dissatisfaction on
any ground whatever, of former heat, or too much prevailing prejudice, may
fatally endanger that union, and give the most severe and "affecting blow to
the future interests of both countries.

You will think it scarce possible, I imagine, that the paternal care of his
Majesty for his colonies or the lenity or indulgence of the Parliament, should
go further than I have already mentioned; yet, so full of true magnanimity
are the sentiments of both, and so free from the smallest color of passion oi'
prejudice, that they seem disposed not only to forgive, but to forget those
most unjustifiable marks of an undutiful disposition too frequent in the late
transactions of the Colonies; and which, for the honor of those colonies, it
were to be wished had been more discountenanced and discouraged by those
who had knowledge to conduct themselves otherwise.

A revision of the late American trade laws, is going to be the immediate
object of Parliament ; nor will the late transactions there however provoking,
prevent, I dare say, the full operation of that kind and indulgent disposition
prevailing both in his Majesty and his Parliament, to give to the trade and
interests, of America every relief which the true state of their circumstances
demands or admits.

Nothing will tend more effectually to every conciliatory purpose; and there
is nothing therefore, I have it in command more earnestly to require of you,
than that you should exert yourself in recommending it strongly to the
Assembly that full and ample compensation be made to those, who, from the
madness of the people, have suffered for their deference to acts of the
British Legislature ; and you will be particularly attentive, that such persona
be effectually secured from any further insults; and that, as far as in you
lies, you will take care, by your example and influence, that they may be
treated with that respect to their persons, and that justice in regard to all
their pretensions, which their merit and their sufferings undoubtedly claim.

The resolutions of the House of Commons, which by his Majesty s com-
mands, 1 transmit to you to be laid before the Assembly, will show you the
sense of that House on those points ; and I am persuaded it will, as it most
certainly ought, be the glory of that Assembly to adopt and imitate those
sentiments of the British Parliament, founded on the dearest principles of
humanity and justice.

I must mention one circumstance, in particular, which ought to recom-
mend those unhappy people, whom the outrage of the populace has driven
from America, to the affection of all that country; which is, that unpro-
voked by the injuries they had suffered, to a forgetfulness of what they
owed to truth and their country, they gave their testimonies with knowledge,
and without passion or prejudice ; and those testimonies had, I believe, great
weight in persuading the repeal of the Stamp Act,

Your situation, which has made you a witness of the distraction of that
country, will enable you to form the best judgment of the behaviour which
your province ought to use upon this occasion, and of the arguments which
you ought to employ to enforce the necessity of such a behaviour as is
suitable to their present circumstances.

I am, etc. H. S. Conway.

To the Governor, &c.

[The following are the Acts above referred to copied from English Statutes,
Rex G. Ill, 1766, Vol. VIII, Chap. XI and XII, p. 183, London, 1771 (in
State Library).— Ed.]

102 PROVINCE OF NEW-HAMPSHIRE. (1766.

CHAPTER XI.

An Act to repeal an Act in the last session of Parliament, intituled, An Act

for granting and applying certain Stamp Duties, &c.

Whereas an Act was passed in the last session of Parliament, intituled,
An Act for granting and applying certain Stamp Unties and other Duties in
the British Colonies and Plantations in America, towards further defraying
the Expences of defending, protecting, and securing the same; and for
amending such parts of the several Aets of Parliament relating to the Trade
and Revenues of the said Colonies and Plantations, as direct the manner of
determining and recovering the Penalties and Forfeitures therein mentioned:
And Whereas the continuance of the said Act would be attended with many
Inconveniences and may be productive of consequeuces greatly detrimental
to the Commercial Interests of these kingdoms; May it therefore please your
most Excellent Majesty, that it may he enacted; and be it Enacted by the
Kings most Excellent Majesty, by and with the advice and consent of the
Lords Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the Authority of the same, That from and after the first
day of May, one thousand seven hundred and sixty-six, the above mentioned
Act, and the several matters and things therein contained, shall be, and is
and are hereby repealed and made void to all Intents and Purposes what-
soever.

CHAPTER XII.

An Act lor the better securing the Dependency of his Majestys Dominions
in America upon the Crown and Parliament of Great Rritain.
Whereas several of the Houses of Representatives in Lis Majesty's Colonies
and Plantations in America, have of late, against Law, claimed to themselves
or to the General Assemblies of the same, the sole and exclusive Right of
imposing Duties and Taxes upon his Majesty's subjects in the said Colonies
and Plantations; and had, in pursuance of such Claims, passed certain Votes,
Resolutions, and Orders, derogatory to the Legislative Authority of Parlia-
ment, and inconsistent with the Dependency of the said Colonies and Plan-
tations upon the Crown of Great Britain: May it therefore please your most
Excellent Majesty, that it may be declared; and be it declared by the King's
most Excellent Majesty, by and with the advice and consent of the Lords'
Spiritual and Temporal, and Commons, in this present Parliament Assembled,
and by the Authority of the same, That the said Colonies and Plantations in
America, have been, are, and of Right ought to be, subordinate unto, and
dependent upon the Imperial ('rown and Parliament of Great Britain; and
that the King's Majesty, by and with the advice ami consent of the Lords
Spiritual and Temporal, and Commons of Great Britain, in Parliament
assembled, had, hath, and of Right ought to have, full power and authority
to make Laws and Statutes of sufficient force and validity to bind the
Colonies and people of America, subjeets of the Crown of Great Britain, in
all cases whatsoever.

II. And be it further declared ami enacted by the authority aforesaid,
That all Resolutions, Votes, Orders and Proceedings, in any of the said Colo-
nies or Plantations, whereby the Power and Authority of the Parliament of
Great Britain to make Laws and Statutes as aforesaid, is denied, or drawn in
Question, are, and are hereby declared to be, utterly null and void to all
Intents and purposes whatsoever.

[p. 73.] The Sheriffmade Return of the Process Issued by the
Speaker in January last for choosing a Representative for Dur-
ham, by which it appears that Doc r Ebenezer Thompson was
chosen to represent said Town. Adjourned.

1766.1 JOURNAL OF THE, HOUSE. 103

Thursday June 26 th 1766, a. m.

Voted, That the Hon ble Henry Sherburne Esq a Speaker, Col
Peter Gilman, William Parker, Clement March and Mesheck
Weare Esqr 8 be a Com tee of this House to joyn with such as may
be appointed by the Hon ble Council to Prepare a Humble & Duti»
full Address to his Majesty and the Parliament Expressing the
grateful sense we have of his Majssty's abundant grace and favour
and of the Parliament in granting us Relief under our Distresses
by the Repeal of the Stamp Act and other marks of their favour,
to be laid before the Gen 1 Ass m as soon as may be for their appro-
bation. Sent up by Maj r Downing So Doc r Bartlett.

[Read and concurred, pnd Hon ble Theodore Atkinson Peter
Livius Sd George Jaflrey Esqr 3 added on the part of the Board.]

[p. 74.] A message was sent to the Board by Mr. Tappan &
Doc r Giddings to Desire that all the Bills, Votes and Resolves
past last Session and not concurred by all the Branches might be
sent down to the House,

Fryday, June 27 th 1766.

The Treasurer bro't his Acootupts into the House and delivered
them to the Speaker.

Voted allowances, (a) &c.

(a) Jour. C. <fe Assem. For his Excellency's more ample support, £250.
From June 12, 1766 to June 12, 1787, Proclamation money.

For Governor's house rent, one year, £50, Proc. mom

For Theodore Atkinson jun. Esq. as Secretary, one year, £60 Proc. mon.

For Wiseman Claggett, Esq. Attorney General trom 10 th May 1765, to 10 th
May, 1766, £10, Proc. mon.

For Thomas Packer, Esq. Sheriff*, from 25 th March 1765 to 25 th March 1766,
£4 Proc. mon.

For Rev. Dr. Samuel Langdou, as Chaplain from 29 th May 1765 to 29 th May
1766, fifty shillings, Proc. mon.

For Rev. Mr. Samuel Haven, for same time, 50s Proc. mon.

For Muster Roll of Capt. Thomas Bell, at Fort Win. & Mary £232 : 9 : 2,
Lawful monev.

Monday, June 80 th 1766.

[p. 80.] Mr. Secretary came into the House & Informed that
he had his Excellency's order for administering the oaths to the
member returned for Durham. [Accordingly Doc r Ebenezer
Thompson was qualified by taking the oaths.]

104 PROVINCE OF NKW-HAMPSRIRE. [1766.

[p. 81.] Tuesday, July l et 1766.

Mr. Li v ins (l) bro't from the Board the Petition of George Me-
serve Esq r Praying for an allowance Lor the abuses, loss of time
<fec. he has sustained by his being appointed Distributor of
Stamps, <fcc. and said the Council Recommended an Inquiry that
it might not be Represented at home that said petition was
slighted or taken no notice of (a).

(a) Jour. C. & Assm. July 1. 17GG. The petition, of George Meserve Esq.
setting forth that he having been appointed Distributor of* the Stamp Papers,
&c. for this Prov c , that by reason of his appointment he had been most
shamefully & scandalously insulted and amis' d & from repeated threats
against him, has been kept in constant fear of his life & Property, & pray'd
tiie advism't of the General Assembly. (2) Read and sent down.

Mr. Sec y Bro't from the Board a Petition of sundry persons
of Gosport and other Places praying Leave for a Lottery to
build a Pier or Bason at Gosport.

Mr. Speaker laid before the House an answer to his Excel-
lency's Speech which was read and is as follows :

[p. 82.] May it please your Excellency —

With hearts full of gratitude to the best of Kings, the Parliament of Great
Brittain, and all our other Noble and Honorable Friends, we beg leave to
make answer to your Excellency's speech from the chair the 25 th of June
last.

We thank your Excellency for the eommuuications therein contained.
The Repeal of the Stamp Act gives, us the most sensible Joy and Pleasure.
The condescending goodness and Paternal affection of Royalty and Power
expressed with so much tenderness and humanity in Mr. Secretary Conway's
letter cannot fail of strengthening our Grateful Souls to proceed in that
cheeriull obedience to our Sovereign and the Legislative Authority of Great
Brittain, which has ever been our delight as well as Privilege.

We thank your Excellency for your wise and compassionate conduct in the
times of our Greatest Distress by which the Honor of the Crown and safety
of the subject, were promoted and Peace and good order Preserved. And as

(1) Peter Levins, a member of lib Majesty's Council, before n • * Revolution, was a
loyalisl or tory. He was born in Bedford, England, 1727. !!«■ was married in England
to Anna Elizabeth, second 'laughter of John Tufton Mason, a cousin of the Earl of
Thanci. .Miss Mason was of Portsmouth, a residenl at the Mason house on Vaughan

:i<i bad gone to England to complel i< ition. Mr. Livius possessed a hand-

h, about the • nly brought

his coach, but also a double a i of wheels, supposing that the new world had not art

to make a sel when the firsl gav< . He was educated abroad, but received an

rary degree from Harvard University.— See Brewster's Ramb. Vol. /i.,jp. 78. — Ed.

Note. — Mr. Brev □ thai "ofthemen raeil of

New Hampshire, in 1772, seven we • • Belk. p. 336.

Ed.

(2) «.. " native oi P »ent foi distributing the
stamps in N lire. H< wa In! nd at the tim< n. but, soon

returned to this country. Hi Boston the! . When the

news of his arrival reached Portsmouth, the indignation of the populace was manifested
not on' . morning of the l2thof£ .hired

at tf'o Hay-market, [t was act impanied by that of Loi originator of the

Stamp Act, and the Devil. TJ lay, and in the evening

arried through the to* n In a tumultu >us manner an I publicly bui or. Mr. Mewjrve,
reaching Portsmouth <>n the 18th ofSepb □ (unrounded by a large

concou >ple. To pacifj them, be made a public resignation of his office on the

parade. The Stamped paper, intended for Mii-> Province, arrived at Boston the 30th of
i iber, and there being no persons autl I ike charge of it. Gov. Bernard of

Mass. directed it to be lodged In the Castle.- See Adams, Ann. Portsmouth (1705.)— Ed.

1766.] JOURNAL OF THE HOUSE. 105

your Excellency's Assurances of contributing all in your power to support
the Honor and Dignity of the Government, call for our most gratefull Re-
turns, 'we shall with pleasure and Dispatch proceed to make the necessary
Provisions for the service of the currant year, and finish the business of this

Sessions.

Voted, That the foregoing be sent to his Excellency the
■Governor in answer to his speech of the 25 th of June last, Sent up
by Capt. Bell So Mr. Burley.

[p. 83.] Whereas John Thomlinson jun. of London, Esq. by
■vote of y e General Assembly of this Province of the 28 th of
January and 2 d of February 1763, was (at the request of our
faithfull and vigilant agent John Thomlinson of East Barnet,
Esq 1- , whose age and bodily Infirmities often Prevented his neces-
sary attendance at Court &c.) appointed joynt agent with the
said John Thomlinson of East Barnet, Esq. in case of Death or
Inability (that the Interest of this Province might not suffer)
The said John Thomlinson jun r Esq. was by the said vote
Impowered in Quality of Agent to appear <fcc. Seperately : Whose
health having heen since greatly Impaired often occasions his
being in the Country at too great a Distance from Court to
attend at the several Boards at such times when the affairs of the
Province most Require an appearance, and it being necessary for
many Reasons that the Province agent should generally Reside
near the Court and the several Boards and officers that an
appearance when necessary may not be wanting :

Therefore Resolved and voted, '

That Barlow Trecothick of London and John Wentwoith (1)
now residing in London, Esqrs. be and hereby are Nominated and
appointed Joynt Agents in this Province with the said John
Thomlinson and John Thomlinson jun. Esq rs and that they have
full power for and in behalf of this Province Before his Majesty,
the Parliament of Great Brittain or any other Court, Board or
office, to appear for and in behalf of this Province to do and
.[p. 84.] transact any and every affair Proper for an agent or
agents to transact agreeable to such Instruction and advice as

(1) John Wentworth was afterwards appointed by his Majesty Governor of New Hamp-
shire. It seems lie went to England some two years previous to this time, and was
introduced to .John Thomlinson, Esq., by a letter' from Theodore Atkinson, Sen. dated
October 21, 1763, in language as follows :

" Now D'r Sir, Let me beg the favour of your wonted free and candid advice to the
Bearer. Mr. John Wentwortli, my Brother Mark's (I) eldest Son. He will want nothing
more than your common civility & I am sure you'l have Pleasure in every favour of that
kinde you bestow upon him, as you will I am persuaded find him a worthy agreeable
young Fellow. I know your directions will have a proper influence & in it, you'l greatly
obieidge not only me, but all your friends here. I propose if I have time before he leaves us
to furnish him with some memo, relative to the settlement of all my small acc'ts in London,
in which he will also need your assistance, which leaves me no more to add but that I wish
you every Blessing," &c.

In another letter Mr. A. says, "My kinsman, John Wentworth, by whom you will
receive this, is taking a trip to England. I know I need not recommend him to your
House. You'l hud him deserving every Favour granted." — MS. Belle. Pap. pp. 179,
183.— Ed.

(1) Mr. Atkinson's wife, Hannah, was a daughter of Lt. Gov. John Wentworth, and
brother of Mark H unking W.— Ed.

106 PROVINCE OF NEW-HAMPSHIRE. [1766.

they shall or may from time to time Receive from the Province,
and that no failure of appearance may happen by the Death,
absence or Inability of Either of said Agents

It is further Voted,

That the survivor or him whose health, ability or Presence in
London will permit his attendance as aforesaid, shall be and
and hereby is authorized and Impowered to appear and transact
as aforesaid as fully to all intents and Purposes as tho' all acted
jointly therein.

Sent to the Couiicill July 3 d 1760 by Mr. Sheaf Mr. Merrill and
Mr Knowles. [Head and concurred,]

better from Hon. Theodore Atkinson- to John Wentworth and
Barlow Trecothick, Esqrs.

[Copied from MS. Belk. Papers, p. 184. J

Pot tsm°, July 12, 1766.

We have now the Pleasure to inclose you copy of a resolve of the Legisla-
ture here appointing you joynt & separate agents for this Province, at the
Court of Great Britain with or without Messrs'. Thomlinson; hope no refusal
will prevent us the Favor of your Interest in that capacity. We also endorse
three separate addresses to his Majesty, the Lords Spiritual & Temporal &
to the House of Commons, by which you'll see how the repeal of the Stamp
Act was resented in this Prov: as the votes are unanimous we hope if we
may have err' d in any matter of Direction or Form .will be overlooked and
imputed to our not being acquainted with the method of such addresses; we
assure you they speak the minde of tte Province, you'i therefore make the
proper use of them. (1)

Some acts were tho't of & all the Branches of the Legislature here
appeared desirous of Passing such acts for Preventing illicit f Trade as Rec-
ommended, but the multiplicity of Business that lay before the Court & the
shortness of the session occasioned by the early Harvest it was deferred for
the Present.

Accept our gratefull Thanks for your spirited & kind assistance in the
affair of the repeal till you have it in a more Gen 1 Address which was
designed you.

We must beg your Endeavours relative to the obtaining our Quota of the
money granted lor our expenses in 1750, and Pray let us know what our
money in the Funds sell for that we keep within Bounds in our Drafts &
what may be in the agents hands from time to time.

When the former agents sent a standard of weights & measures they

(1) The joy which the repeal of tho Stamp Act occasioned in this Province may he judged
of by the account ot it given by Adams in Annals of Portsmouth. He says: "Thursday,
the 22d of May, was appointed tor eelebrating this Important event. At early dawn all
the hells began to ring; a discharge of cannon saluted the rising sun. A battery of twenty-
one guns was erected near Liberty Bridge, and dedicat d to bis Majesty. Another of thir-
teen guns was erected on Church-hill in honour of Mr. Pitt, and a third of rive guns on the
town-wharf. The ships in the harbor were decorated with their colois; drums and military
music contributed to the hilarity of the day. At 12 o'clock a royal salute was fired at
Castle William and Mary, by order of the Governor, which was answered by batteries iu
town. In the afternoon a grand procession was made through the principal streets, and a
salute was tired at each of the batteries as they passed, liells continued ringing through
the day. In the evening a bon-rire was kindled on Wind-mill hill,"' &c. — Ed.

1766.] JOURNAL OF THE HOUSE. 107

omitted some particulars which the Treasurer often wants & are as the Mem°
below which you'l please to order the shiping of, as also the last Voi m of the-
Statutes, one being printed since we had the former.

We are, &c,

pr order, A — .

1 Gall Port, Winchester measure
one 2 quart Do Do

1 sett of money scales & weights.
The last vol m of Statutes of Engl d

copy |

Voted, That the Treasurer send out his Warrants for collecting
the Province Tax for the currant year which may he paid in
Bpecies agreeable to the prices fixed and set to the following mer-
chantable articles of the Produce of this Province, viz. :

£5: 0: prs Himd<* Wt

0: 3: pr lb.

0: 10: prBush 1

0: 10: prDo

1: 0: prDo

1 : 5:0 pr Do

0: 10: prDo

0: 1:0 pr 3b

0: 0: 9 prDo

0: 3: prDo

0: 5: prDo

0: 3:.0 prDo

0: 4: prDo

0: 2: 6 prDo

4: 0: pr Quint 1

ritcu at 3: 10: pr Barr 1

[p. 85.J Tar at 2:0:0 pr Do

4: 0: prDo

4: 0: pr Thous d

5 : 0:0 pr Do

25: 0: prDo.

Sent to the Council! with the Bills for supply of Treasury, &o. t
July 3 d .

Barr Iron

at N. Ten !

Hemp

Indian Corn

Rye

Peas

Winter wheat

Barley

Pork

at.

Beef

Flax

Beeswax

Bay berry wax

Well tanned sole leather

Tallow

Winter & Spring Cod-fish

Pitch

Tar

Turpentine

White pine Joyst

White pine Boards

White Oak 2 Inch Plank

Wednesday July 2 d , 1766„

The house took under consideration the Petition of a number
of Persons belonging to Hampton Falls, Praying to be freed from
paying to the support of Mr. Wingate &C, (1) and having heard
the Parties thereon,

(1) Rev. Paine Wingate was ordained pastor of the second church in Hampton — (Hamp-
ton falls) Dec. 14, 1763. In January, 1765, a portion of the church professing dissatisfac-
tion -with Mr. Wingate on account of doctrine, asked to be dismissed, that they might be
formed into a Presbyterian church. This led to a division. He resigned his charge
March 12, 1776; afterward became distinguished in civil life, a member of the Old Con-
gress, a Representative and Senator in Congress and a judge of the Superior Court of the
State. Mr. Wingate was born May 14, 1739, graduated at Harvard College 1759, married
Eunice, daughter of Dea. Timothy Pickering, and sister of Hon. Timothy Pickering; died
at Stratham March 7, 18.38, in the 99th year of his age. His wife survived him, and died i»
1843, in the 101st year of her age. — {See JST. H. Chs, Hampton Falls, pp. 78, 79.] — Ed.

108 PROVINCE OF NKAV-HAMPSHIRE. [1766.

Voted, That the Petitioners have liberty to bring in a bill ibr
them and their Estates to be set off from the Parish of Hampton
falls, to act in all respects as a distinct Society or Parish by them-
selv^ .ling paying their proportion of the Province tax

untill a new proportion thereof. The line of said new Parish to
be fixed by a Com tcc of the General Court with liberty for such
of the Petitioners as shall not fall within said new Parish to Poll
off with their estates and belong thereto : And for any who shall
fall within said new Parish 'who are not of the Presbyterian Per-
suasion to Poll off with their Estates and belong to the old
Parish; and for any who are not of the Presbyterian Persuasion
who have or shall have lands within said new Parish to Poll ofl
said lauds to belong to the old Parish, agreesble to the purport of
a vote of the Parish of Hampton Falls the second day of Sept r
1765. Sent up by Mr. Jennoss.

[p. 87.] Thursday, July 3 d 1766, a. m.

The House took under consideration the petition of George
Meserve, Esq., and

Voted, That Col Peter Gilman, Col Clement March, Col
John Wentworth, Esq., Capt. John Gidding and Meshech Weare
be a Committee of this House to joyn with such as shall be
appointed by the Hon ble Councill as soon as may be to hear the
Petitioner & make strict, Inquiry into the matter alledged by the
Petitioner and to make Report to the General Assembly. Sent
up by Coll Goffe and Mr. Thompson, (a)

(a) Jour. C. & Ass m July 3, 1766. Coll. Goffe from the House bro't up the
Petition of George Meserve as Enter' d the 1 st July last, Complaining of some
shameful & scandalous Insults & Abuses &e. and vote of the House of this
day thereon appointing a Com'*-' of the Same to join a Coin ,ee of Councill to
hear as soon as may be the petitioner's request & to make strict inquiry into
the matters alledg'd & make report, which vote was read at the Board & eon-
curr'd & a Committee of the Board appointed to join in y e affair.

P. M.

[i\ 89.] Whereas there are but. small sums of Paper Bills of
Credit now circulating in the Province in Proportion to the
i jenesa of the of which his Majesty's good

subjects may be pul to great Difficulty to Procure any Particular
sort of money to pay their taxes, — For Prevention when

Resolved and voted, That the Inhabitants of this Province may
have liberty to pay their 'faxes ibr the present year in silver or
gold or in any Bills of Credit now Extant at their present, value,
and the Treasurer is hereby Impower'd ami Required to receive
the Same Accordingly. Sent up by Col Goffe. [Concurred.]

Voted, that Col Gilman, Col" March, Col Wentworth., Col
Goffe, Capt. Chamberlin and Messhech Weare, be a Com tLC oi' tbifl

1766.J JOURNAL OF THE HOUSE. 109"

House to make the Best inquiry they can respecting the number
of Inhabitants, situation, and in what manner the Province may
be best Divided into Counties and make Report to the House at
the next Sessions of their opinion thereon.

[p. 90.] Fryday, Juiy 4 th , 1766, a. m.

The House took under consideration the Recommendation of
James Otis, Esq. for an allowance to be made to Mr. John Cotton
who Avas Secretary to the Congress at New York.

Voted, That there be allowed and Paid to the said Mr. John
Cotton the sum of twenty Pounds Lawfull money out of the
money that is or shall be in the Treasury, as a Reward for his ser-
vice in that affair so far as they relate to this Province.

Mr. Sec 7 Bro't from the Board the Petition of Daniel Jones on
behalf of the Town of Hinsdale to be eas'd of Part of the
Province tax as part of the Town is taken into New York Gov-
ernment. (1)

Saturday July 5 th 1766. (a)

(a) Jour. C. & A.ss' n . Upon a motion made by some of his Majesty s
Council that they tho't it Proper while the Council were sitting in General
Assembly to have Prayers in the Council Chamber every morning, which
motion being approval of, resolvM that the Kev r Arthur Brown be apply'd to,
to officiate Accordingly & that Mr. Warner ju r and Mr. Jaffrey are desired to
wait upon Mr. Brown & acquaint him of this resolve and know his Determi-
nation & report thereon.

[p. 92.] Monday July 7 th 1766.

Mr. Livius Bro't from the Board the Petition of a number of
Persons from Durham and other places against Mr. John Sullivan
for Evil Practices in him as an Attorney at Law.

Wednesday July 9 th 1766, a. m.

[p. 94.] The petition of the Inhabitants of Durham &c. against
Mr. Sullivan being considered

Voted, That the Petition be remitted to the Hon ble the Justices
of the Sup r Court for their Examination into the matters therein
charged, and to make such order theraon as they shall judge
Proper. Sent up by the Clerk.

(1) The town of Hinsdale was laid oft" on both, sides of the Connecticut river, and New
York claimed the part that lay on the west side. — Ed.

110 PROVINCE OF NEW-HAMPSHIRE. [1760.

Mr. Livius Bro't from the Board the Report of the Com tee on
Mr. Meserve's Petition, with the vote of Council thereon, That
said Petition bo disiniss'd — which vote of Council was concurred
by the House, (a)

(a) Jour. C. & Ass"' July 9. The Committee of both Houses appointed the
3 d Instant to make inquiry into the matters alledg'd in the Petition of George
Meserve, as enterci the ] SI of July last, this day made their unanimous
Report that they find no Damages done his Body or Estate, &c. Therefore
recommended a Dismission of the Petition which was read and accepted &
order'd that s d Petition be dismiss'd and sent down to the Assembly for con-
currence.

[p. 95.] Voted That Mr. Speaker, William Parker, Esq. and
Meshech Weare be a Com tce to Examine and Prepare a Table of
Fees to be laid before the Gen' Ass ,n at the first part of their next
e'tting.

P. M.

Upon a motion made by the Petitioners from Hampton Falls
for some, alteration to be made in the vote of the House on their
Petition.

Voted, That it be understood that any non Residents that have
or shall have Lands in either Parish shall have liberty to Poll off
their said Lands to that Parish which they shall choose (1).

The Petition was sent for from the Board and the above altera-
tion Entered thereon and again sent to the Board by y e Clerk.

{p. 96.] Thursday July 10 th 1766, a. m.

Mr. Warner Bro't from the Board the vote of this House of
the 4 th July 1766, for allowance of £20 to Mr. Cotton and said
That the Council tho't ten Pounds would be a sufficient allow-
ance.

Said vote was accordingly altered to fifteen pounds and again
sent to the Board.

P. M.

The Com tee appointed to Prepare Humble and Dutifull Ad-
dresses to his Majesty and the Parliament Reported That they
had prepared said addresses which being read and approved by
the House.

[p. 97.] Voted Unanimously, That they be fairly Engrossed
and Signed by Henry Sherburne Esq' Speaker of this House, and
when Passed b> the other Branches that they be forwarded to
the Agents for this Province at the Court of Great Brittain to be
Presented as directed. And that Duplicates be in like manner
Prepared. Signed and forwarded.

(l)See Ante-maxg. p. 86.— Kju.

1766=] JOURNAL OF THE HOUSE. Ill

Which vote with the Addresses Prepared and Signed were
sent to the Board, by Col Oilman, Col Barr, Mr. Wiggin & y e
Clerk (a.)

(a) Jour. C. & Ass m July 10 th . Mr. Weare from the House bro't up the
Report of the Committee of both Houses appointed on the 26 th June last for
preparing humble and dutiful! addresses to his Majesty, to the House of
Lords & Commons with a vote of the House approving the same & ordering
them to be engross' d & sign'd by the Speaker & forwarded to the Agents to
be presented &c. which vote was read at the Board & Concurred (1).

Mr. Jaffrey came into the House and raov'd to the House that
there was not money in the Treasury to answer the Demands that
Probably would soon be made, unless he used money pd for Ster-
ling Bills, which he apprehended he could not do without some
Vote lo authorize him.

Which motion being considered the House came to the follow-
ing Resolve.

Whereas the taxes for paying the contingent charges of the
Government are not wholly paid into the Treasury, by t means
whereof there may not be sufficient to answer the present
Demands, Therefore

Resolved and Voted, That the Treasurer be and hereby is
authorized in such case to pay off the allowances and Demands
Due by Grant of the Governor Council 1 & Assembly out of any
silver and gold that may be in the Treasury, to be Replaced by
the money Raised by tax when the same shall be paid into the
Treasury. Sent up by the Clerk.

j>. 98.] Fryday July 11 th 1766, a. m.

Mr„ Secretary, Mr. Barrel 1, Mr. Warner and Mr. Ringe came
from the Board and Delivered a written message from his Excel-
lency the Governor, which was read and is as follows :

Gentlemen of the Assembly —

His Majesty by his Royal Mandates having appointed the Hon ble Henry
Sherburn Esq. your present Speaker to a seat in the Council, In consequence
whereof the Speaker's Chair becomes vacant, you are therefore hereby
Directed to Proceed to the choice of a fit person for Speaker in his Room as
soon as he has taken his seat at the Board and make Returns of your Doinga
therein to me for my approbation.

B. Wentworth.
Given at Portsmouth, in Council
the 8 th day of July, 1766.

Which message being read,

The Speaker in a Polite manner Returning his thanks to the
House for all the Honors and favors shown him by the House,
iook took leave of the House and took his seat at the Council

(l)The editor has searched in vain for a copy of the abovcsiid Addresses.— Ed.

112 PROVINCE OF NEW-HAMPSHIRE. [1766.

Board. And then the House proceeded to make choice of a
Speaker, and the Hon b,c Peter Gilman Esq. was chosen Speaker.

When a message was sent by the Clerk, William Parker, Esq.
[p. 99.] Col Gofle, Capt. Carlton, Mr. Toppan, and Capt. Hen-
derson to inform his Excellency that the House had made choice
of the Hon b,e Peter Gilman, Esq. for their Speaker, and to Pre-
sent him for his approbation.

Mr. Sec 7 , Mr. Pierce, Mr. Jaffrey & Mr. Warner came into the
House and informed the House that his Excellency approved of
their choice of the Hon ble Peter Gilman Esq. for their Speaker.

The speaker was then conducted to the Chair.

Mr Sec y Bro't from the Board the Petition of Mr. Barrel and
others for an allowance tor Damages done by Mobbs &c. which is
ordered to lay for consideration, (a)

(a) Jour. C. & Ass" 1 , July 11 th . The petition of Nathan 1 Barrel}, Bcnj D
Hart, and four more setting forth that on the 1 st of November last a number
of People were assembled together in a Riotous manner in the Town of
Portsmouth in prof'ess'd design to oppose the Stamp Act taking place, & in
a riotods manner did damage, break & spoil a house built at our expense for
the purpose of Worshipping God &c. & Praying redress.

Read and sent down to the Assembly.

Voted, That Mr. Speaker, William Parker, Esq. and Meshecb
Weare be a Com tce to Return the thanks of this. House to the
Hon bh " Henry Sherburne Esq. their late Speaker ibr his affec-
tionate Address at leaving the House and for his great Services
to the House while he was speaker.

Voted, That a Precept Issue to the Sheriff to be signed by the
Speaker of the House to choose a member to represent the Town
of Portsmouth in the Room of the Hon blc Henry Sherburne Esq.
advanced to the Board.

Whereas, Sundry Escapes from Prison have lately been made
by Prisoners for Debt, and actions thereupon have been com-
menced [p. 100] against the Sheriff which are now pending, and
the Indemnification of the Sheriff by the Province Depends upon
the Evidence of the Insufficiency of the Prison, therefore

Voted, That Mr. Jacob Sheaf & Richard Jenness 3 d Esq r be a
Com tee to attend any such Tryal, to employ Councill at their Dis-
cretion and use all means they shall judge proper in order to a
fair tryal whether the Escape was thro' the Delect of the Prison
and to appeal and cause any such actions to be tryed at the Sup r
Court if they think it necessary to the End aforesaid. The
charge said Committee shall be at, to be paid by the Province, (a)
Scot u]) by the Clerk. [Concurred.]

(a) Notes, bills, acc tB &c. passed by the. House and concurred by the
Council, from July 2 d , to July II" 1 J7G0.

Act to authorize (!i vision of Mcses Davis estate, of Durham, dec d .

Petition of Thomas Prowse and wife lor land belonging to estate of Dan 1 -
Pickering, dec 3 . — a hearing granted.

Act directing the admission ol Town inhabitants.

1706.] JOURNAL OF THE HOUSE. 118

Act for a Lottery to make a highway in Rye.

Act for making a partition of land more easy and expeditious.

Allowance to Thos. Packer for service as Sheriff, £4.

Petition of Thomas Marden et alii, of Portsmouth, to be set off to Rye, —
hearing granted.

Allowance to Samuel Hobart for expenses, £8 : 15 : 6, lawful money.

Gosport and Portsmouth petition for Lottery to build a Pier, &c, hearing
granted.

Allowance to Stephen Burton & Stephen Batson, ship inspectors, £14,
lawful money.

Petition of inhabitants of Derry-field — leave to bring in a bill.

Petition of Sam 1 Kimball, guardian of children of Jona. Dow, of Plaistow ;
leave to bring in a bill.

Act to establish a deed of conveyance of five acres of land in Durham.

Petition of inhabitants of Newmarket for highway — report on.

Allowance to Rich. Jenness 3 d , for wood to Gen 1 Assem. £7 : 6, law. mon.

Allowance to Thomas Packer and Jacob Sheaf for repairing the Goal,
£119, lawful money.

Annis Campbell, petition against John Coffran; a hearing granted.

Petition of Jno. Tibbets, in prison, praying advice &c.

An act impowering Judge of Probate to make division of the estate of
Joseph Smith, of Durham, dec'd.

Bill for division of land of Jonathan Dow, dec d , of Plaistow.

Bill for vacating a town meeting in Derry-rleld, and choosing new officers.

Act to establish the annual town meetings in East Parish of Kingston.

Acc f of Theo. Atkinson, Secy allowed, £7: 3 Lawful mon.

Allowance to John Cotton, for clerk service at New York, £15.

Mr. Sec y came into the House and by his Excellency's Direc-
tion Prorogued the General Assembly to the Seventh Day of
October next at ten o'clock in the forenoon.

Attest M. Weare, Cl k .

His Excellency by Proclamation further Prorogued the Gen 1
Ass m to Tuesday the 4 th of Nov 1 ' next.

[p. 101.] * Tuesday, JSTov 1 " 4 th 1766.

Met according to Prorogation. A number of y e members But
not sufficient to make a House.

[Adjourned from time to time, till]
Thursday, Nov r 6 th 1766, a. m.

A message was sent by the Clerk to Inform the Board that
there was a House ready to Proceed on Business.

Mr. Secretary came into the House and said he was Directed 1
by his Exc y to Require the Attendance of the Speaker and the
House in the Councill Chamber.

The Speaker and the House Immediately attended in the
Councill Chamber, and the President of Councill by his Exc y&
8

114 PROVINCE OF NEW-HAMPSHIRE. [1766.

Direction Read his Exc ys Speech to the Councill and Assembly
and then the House Return' d to their Chamber.

Mr. Jaffrey Bro't from the Board a copy of his Exc ys speech, as
on file.

His Excellency's Speech being read the House took the same
Immediately under consideration.

Governor's Speeclt.
[Copied from MS. Gov rs Messages, Vol. Ill, p. 301.]

Gentlemen of the Council & of the Assembly —

It having been his Majesty's pleasure to appoint John Wentworth, Esq.
to succeed me in the Government, who, I presume may be expected some
time in this month, for this reason I thought it necessary to meet you in
General Assembly at this Juncture, that you might have an opportunity to
provide for his reception, which I flatter myself you will chearfully engage in.

I propose to adjourn you at the close of this week, unless you have any-
thing essential to transact for the welfare of the Province.

B. Wextworth.
Council Chamber in
Portsmouth, November 6 th , 1766.

[The members of his Majesty's Council present at this time, were]
His Excellency the Governor.
Theodore Atkinson ) * Jonathan Warner ]

Daniel Warner Daniel Rindge

James Nevin }- Esqrs. Daniel Pierce V Esqrs.

Theodore Atkinson, jun. Henry Sherburne

Xathaniel Barrell George Jaffrey

Voted That Mr. Speaker, Col° March, William Parker, Esq',
Col° Wentworth and Meshech Weare be a Com tee to joyn such as
shall be appointed by the Hon t)k Board to consider the subject
matter of his Excellency's speech, and make Report what may
be Proper to be done. Sent up by Esq r Jenness. [Concurred
and Committee added.]

[p. 102.] The High Sheriff made return to the Speaker of the
Precept for choosing a Representative for the Town of Ports-
mouth, by which it appeared that Mr. John Sherburne was
chosen.

Voted That Mr. Speaker, William Parker, Esq. and Meshech
Weare be a Com tec to Prepare an Answer to his Exc ys speech.

Mr. Jaffrey Bro't from the Board the Petition of Robert Trail
Esq. Praying lor a Patent for Sale Brewing and vending Strong
Beer (a).

Also the petition of Isaac White for a Com tee to be appointed
to make an assessment in Pembrook for a sum of money Recov-
ered by Rev. Mr. Whittimore (b).

(a) Jour. C. & Ass m Nov r 5 th . The Petition of Robert Traill of Ports-
mouth in this Province desiring he may have a Patent established by an act
of Parliament to brew Strong Beer in the Province &c. ; read and sent down.

1766.] JOURNAL OF THE HOUSE. 115

(b) Jour. C. & Ass m Nov. 6 th . The petition of Isaac White of Pembrook
in this Province representing that the Rev d Mr. Aaron Whitimore recover' d
Judgment against the Inhabitants of said Pembrooke, and that the greatest
part of the Inhabitants are Presbyterians, & Mr. Whitimore was of the Con-
gregational order, that the Presbyterians were by act of Governm' exempted
from paying any Taxes to Mr. Whitimore after they had settled a Minister,
that the Taxes can't at present be equally Levied, therefore Prays some
suitable persons may be chosen from some other Town to Levy the said
Taxes &c. Read & sent down.

[p. 103.] Fiyday, Nov r 7 th 1766.

Voted, That the ace* of John Marsh for copying two setts of
Addresses to the King & Parliament amounting to one pound six-
teen shillings Lawful money be allow'd & paid out of the money
in the Treasury. Sent up by the Clerk. [Concurred.]

Mr. Sec y came into the House and inform'd that Mr. John
Sherburne the member Return'd for the Town of Portsmouth was
qualified by taking the usual oaths.

[p. 104.] The Com tee chosen to consider the subject matter of
his Excellencys speech made their Report as follows :

The Com tee having met and considered the matter Recommended to them
assabo've agree to Report, Tbat they Judge it proper a vote be passed by the
Assembly that Provision be made for an Hon ble Reception of his Excellency
John Wentworth, Esq. who as appears by his Excellencys speech above men-
tioned may be daily expected in the character of our Governor. But as it is
at present uncertain whether he will come hither by Land or Water, no par-
ticular Direction can be given. It is therefore in General Recommended .that
a Com tee be chosen and Invested with Discretionary Power to make such
Provision as the Circumstances of the case may Require, and which will best
comport with the above Direction at the cost of the Province.

Which Report being read and considered

Voted, That the above Report of the Com tee be accepted.
That Mr. Speaker, Col March, Wm. Parker, Esq. Mr. John Sher-
burne and Meshech Weare be a Com tee of this House to joyn such
as shall be appointed by the Hon ble Council to make Provision as
above mentioned, w,ho are impower'd to Draw money out of the
Treasury as shall be necessary, Rendering ace* to the Gen 1 Ass m ,
and that they take the earliest opportunity to pay y e proper com-
pliments to his Excellency on his appointment, & to congratulate
him on his safe arrival.

Saturday Nov r 8 th 1766.

The House took under consideration the petition of Robert
Trail Esq r .

Voted, That the prayer of this Petition be granted, That the
Petitioner have the sole & Exclusive Right of Brewing and
Vending Strong Beer in a larger Quantity than Twenty-five Gal-

116 PROVINCE OF NEAV-HAMPSHIRE. [1766.

Ions at one time within this Province, under a Penalty of forfeit-
ing the value of the Beer so sold, for the term of ten years,
Provided he shall carry on the Business with Effect so as to sup-
ply y c Demand for it here both with a sufficient quantity and of a
[p. 105.] good Quality ; But in case of his Default in either of
these respects made out to the satisfaction of this House, to be
heard and determined by them, upon their vote and Declaration
thereof, [the] Act to be pass'd for this purpose to be void, and
that the Petitioner have leave to bring in a Bill accordingly.
Sent up by Mr. Parker. [Concurred with an amendment.]

The Com tec to Prepare an Answer to his Exc y Speech of the
Sixth Instant, laid the following before the House, viz.

May it please your Excy—

The House have considered your ExcJ' s speech of the 6 th Instant and lie-
turn you their thanks for the Information it contains and the opportunity
given to make the Provision Recommended. They agree in sentiment with
your Exc> r in the Propriety of Demonstrating their Dutifull Regards to their
new Governor by giving him an Honorable Reception. They have accord-
ingly made the best Provision they could Devise considering the uncertainty
of the time and way of his Entrance into the Province, by appointing a
Com tee of this House with such as his Majesty's Councill may joyn Invested
with full Power to accommodate matters to the Exigency of the case at the
charge of the Province.

Upon this information the House in the Name ct Behalf of their constitu-
ents would take the occasion to express their gratitude and give you their
hearty thanks for all the signal services you have done this Province in the
course of your administration and during the long time you have with such
Reputation & Honor fill' d the Chair; for the steady Administration of Justice.
the quiet enjoyment of Property, the Civil and Religious Liberties and Privi-
ledges his Majesty's good subjects of this Province have experienced and
Possess'd during this Period.

That mildness and moderation with which you have conducted the Publick
affairs justly Demand our acknowledgements f and we esteem it a Peculiar
felicity that by this means under the Divine Providence the Government has
long been in a Peaceable state, and a good harmony subsisted among the
several Branches; and it will doubtless furnish your Excellency with very
pleasing Reflections that you quit the care & Burdens of Government and
Resign the Direction of the Publick Affairs of the Province over which yon
have so long Presided under such an agreeable situation.

[p. 10G.] We have only to add, That we sincerely -wish your Excellency all
the Ease arising from Retirement from Business and the Pleasure Resulting
from a Virtuous, Quiet Life. (1)

Voted, That the foregoing Answer and Addresses be presented
to his Excellency. Sent to his Exc y by Esq. Wiggin, Doc r Bart-
lett and Capt. Merrill.

(0 See the character of Gov. Benaing Wentworth sketched with much ftccuracj ii'
Farm. Belk. pp. 386, 3.T7. Be died October 14. 1770, aged 74.— Ed.

1766.1 JOURNAL OF THE HOUSE. 117

Tuesday, Nov r 11 th 1766.

[p. 107.] The Com tee for telling Money in the Treasury made
Report &c. (a)

(a) Journ. C. & Assem. Nov. 12 th . Mr. Carlton from, the House bro't up
the Report of the Com tee appointed by the General Assembly to tell over &
receive from the Treasurer such sums of money as may be in the Treasury to
be burnt amounting to £6824: 10 sters & £11920: 12: 2 N. Tenor with a vote
of the House thereon, for receiving the same, & that the money be immedi-
ately burnt to ashes in the face of the General Assembly, [concurred and
the money burnt agreeable to the acts in the Assembly Chamber.]

[p. 108.] Wednesday, Nov. 12 th , 1766.

An act to secure to Robert Trail, Esq., the sole profit and
advantage of Brewing and Vending strong Beer in that part of
this Province lying on the Northerly and Easterly part of Merri-
mack River for the term of ten years, having been three times
Read.

Voted That it pass to be Enacted.

Thursday, Nov r 13 th 1766.

The Treasurer's acc ts with the Report of the Com tce for exam-
ining s d acc ts Bro't in and Delivered to the Speaker —

[p. 109.]* Voted, That the same be accepted and allowed (a).

(a) Votes, bills, Petitions, acc ts . &c. passed by the House and concurred by
the Council from Nov 1 " 4 th to Nov 1 ' 14 th 1766.

Petition of Stephen Thing of Exeter, to make division of certain lands &c.
hearing granted.

Petition of Wyseman Claggett in behalf of James Berry, for a new trial
upon an action bro't by Joseph Berry, hearing granted.

James Stoodley Esq. allowed £5:0 for expenses supply' d at the Kejoicing
for the Repeal of the Stamp Act.

(b) Jour. C. & Assem. Nov 1 14. The Committee of Council appointed to
Draft an Address to his Excellency the Governor exhibited their Draft which
being Read & ordered to be Engross' d & sign'd by the Secretary, & Order'd
that the Hon ble Mr. Nevin & Livius be appointed & Desirid to wait upon his
Excellency with the said Address. (1)

The Sec y came into the House and said he was directed by his
Excellency to Prorogue fche General Assembly to Tuesday the
sixth day of January next at ten of the clock in the forenoon, and
Declared the Assembly Prorogued accordingly.

Attest. M. Weare, Clr.

(1) The address of the Council to his Excellency cannot be found.— Ed.

118 PROVINCE OF NEW-HAMPSHIRE. [1767,

The Gen 1 Ass m was further Prorogued by Proclamation from
his Exc y the Governor to Tuesday the 14 th day of April, 1767.

Att. M. Weare, Clr.

[p. 111.] Tuesday Ap r 14 th 1767.

Some of the members of the Gen 1 Ass m met according to Proro-
gation. The Sec y by his Exc ys Direction adjourned the Gen 1 Ass m
till to-morrow 4 o'clock p. m.

[Met — and adjourned from time to time till]

Wednesday, May 6 th 1767, p. M.

Mr. Sec y came into the House and by his Exc ys Direction 'Re-
quired the attendance of the Speaker and t lie House in the Coitn-
cill Chamber.

Mr. Speaker and the House immediately attended in the Coun-
cil Chamber.

(The members of his Majesty's Council present, were]
The Excellency the Governor

Theodore Atkinson

]

Peter Livius

)

Daniel Warner

Jonathan Warner

James Nevin

)■ Esqs.

Daniel Rindge

)■ Esqs.

Theod e Atkinson, jun.

Daniel Pierce

Nath 1 Barrell

George Jaffrey

[p. 112.] The President of the Council by his Exc y * Direction
Read the following speech, viz.

Gentlemen of the Council and of the Assembly

Being apprehensive that it would be agreeable before your New Governor
arrived to settle & adjust all your past concerns so far as shall be in your
power, the consideration of tbose things determined me to meet you on this
Prorogation — Therefore I am hoping to be excused from Entring upon any
other Business.

B. Wbntwobth.
Council Chamber in Portsm May 6 th 1767.

[p. 113.] Ordered That the hearing of the sundry petitions
appointed to be heard the present session of the Gen 1 Asse" 1 be
put off to the tenth day of the next Siting of the Gen 1 Ass m
after the first day of July next, as his Exc y proposes only to
settle affairs which more Immediately concern the government.
Adjourned.

1767.] JOURNAL OF THE HOUSE. 119

Thursday May 7 th 1767, a. m.

Whereas it appears by the Treasurers accompts Rendered at
the last Settlement that there is an arrearage of the sum of
£24 : 5 :4 1-2 New Tenor due from the Town of Gosport, and it
being made appear that said sum was Intended to have been Re-
mitted on the Petition of the Selectmen of said Gosport in the
month of June 1761, Therefore

Voted That said Town of Gosport be discharged from said
arrearage, and that the Treasurer be and hereby is Impowered to
charge said sum to the Province in his next account.

Sent up by Capt. Worthen. [Concurred.]

Voted That Mr. Sherburne, Mr. Toppan and Doc r Giddings be
a Com tee of this House to joyn with such as may be appointed by
the Hon bl ° Councill to examine the accompts of the Com tee for
Drawing bills on the Agent for this Province at the Court of
Great Britain, and make Report to the Gen 1 Ass m as soon as may
be. Sent up by Capt.* Worthen. [Concurred and Hon ble Peter
Livius, Jona. Warner & Daniel Rindge, Added.]

Whereas two of the Com tee for Corresponding with y e Agent
and signing Bills of Exchange are Removed by Death.

Voted, That Mr. John Sherburne with one to be appointed by
the Hon ble Council be added to the survivors of the Com tee for
Corresponding with the Agent for this Province at the Court ot
Great Britain, and for signing of Bills of Exchange drawn on
said agent. Sent up by Capt. Worthen. [Concurred & Hon ble
Daniel Warner [added.]

P. M.

Upon a motion to Determine whether a Supply Bill should
now be Passed, the motion was considered and unanimously
determined in the Negative, (a)

(a) Allowances &c. Passed by the House and concurred by the Council
May 8 th .

For Governor's house Rent one year £50 lawful money.

For Secy Atkinson, one year. £60 Do.

For Wyseman Claggett, Att. Gen 1 , £10, Do.

For Thomas Packer, high Sheriff, £4, Do.

For Dr. Langdon, as chaplain £2 : 10, Do.

For Rev. Mr. Haven, as chaplain £2: 10, Do.

For Capt. Bell's muster Roll, at Fort Win. & Mary £217 : 7 : 3, and supplies
at said Fort £6:0: 9, lawful money.

For Henry Trefethen, for repairing the Gov rs barge, £1 : 10 : 8, lawful
money.

For Wm. Appleton's acct. for book of Records of Sup' Court £2: lis, law.
mon.

For Daniel Fowle, for printing advertisements, &c, £15: 17: 6.

For Eleazer Russell, for postage of Gov 1 * letters £2 : 1:4 3-4.

120 PROVINCE OF NEW-HAMPSHIRE. |17(V7.

[]>. 116.] Friday, May 8 th , p. m.

Whereas the time of the last appointment of the Recorder of
Deeds and Conveyances of Real Estates within this Province
expired on the third day of this siting of the General Assembly,
which makes it necessary there should be a new appointment, to
prevent the said office being shut up, which considering the near
approach of the siting of the Inf r and Sup 1 Courts would be very
Prejudicial to many of the Sutors there, for preventing of which,

[p. 117.] Voted and Resolved, That Daniel Pierce Esq. be and
hereby is chosen, appointed and continued in said office for the
term of two months from the third Day of the siting of the Gen 1
Ass" 1 aforesaid, and to the third day of the siting of the Gen 1
Ass 171 next after the Expiration of said two months, and that lie
take an oath and give Bond for the faithfull Discharge of that
trust, to the Speakers of the House as usual. Sent up by Mr.
Parker.

Saturday, May 9 th , 1767.

Voted that an order go out for an Inventory to be taken in
order for a New Proportion of the Province Tax.

A message from the Board by Mr. Pierce & Mr. JafFrey, who
bro't Down the Act for reviving the Fish Act, and the votes for
the Several allowances, to the Sec y , Attorney Gen 1 , Sheriff, Doc
Langdon, Mr. Haven, Capt. Bell's muster Roll, Mr. Fowle's acct.
and Mr. Russell's ace 1 , and Mr. Appleton's Acct. and Informed the
House, That the Council! were of opinion there should be some
alteration made in the Act ; that the Penalty was too low, and
the time allowed for removing obstructions too long. And
respecting the votes for allowances as they were drawn to be paid
out of money to be put into the Treasury by the next supply Bill,
The Council tho't it reasonable they should be paid out of the
money now in the Treasury, as by the Treasurer's information
there was money sufficient in the Treasury : And the Treasurer
being asked Informed the House that he tho't there was money
sufficient to Discharge said allowances and such extra Demands as
may be probably wanted. [Alterations made accordingly.]

[p. lis.] Tuesday, May 12 th , 17(17.

Voted That there be allowed for officers & soldiers wages &
Billeting and for wood & Candles for his Majesty's Fort William
A: .Mary from the 25 th of March 17()7 to the '25 th of March 1768,
the sum of one hundred Pounds Lawful! money to be paid out of
the money by (he next supply.

1767.] JOURNAL OF THE HOUSE. 121

P. M.

[p. 119.] Voted that there be allow'd and paid to the Rev d Mr.
Arthur Brown fifty shillings Lawfull money for his attendance
to Pray with his Majestys Councill from the twenty-ninth day of
May 1766 to the twenty-ninth day of May 1767, to be paid out of
money that is or may be in the Treasury. Sent up on the 13 th by
Messrs. Sheafe, Glddings & Merrill, (a)

(a) Jour. C. & Ass in May 14 th . The Council took under consideration the
vote of the House of the 12 th Instant for allowing to the Rev d Mr. Arthur
Browne Fifty shillings for Praying at this Board from the 29 th May 1766 to
the 29 th May 1767, & observing that the two votes accompanying said vote for
an allowance to the Kev d Doe 1 Langdon & the Rev d Mr. Haven, each the said
sum of 50s for the same time of attendance ; and for as much as Mr. Brown
has not within the time afores d officiated more than six months, and that the
said Gentlemen might be enabled to receive the same allowances respectively,
& this not to be made a president for the future — Concurred the three afore-
said Votes.

Wednesday May 13 th , 1767, p. m.

[p. 1*20.] Whereas by an Act pass'd in the year 1764 certain
Quakers belonging to Brentwood were exempted from paying a
tax laid upon them towards the support of the war, in considera-
tion that they had before contributed their full share or done their
proportion of service, which sum amounted in the whole to seven
hundred thirty-one pounds Eighteen shillings & ten pence Old
Ten 1 " as appears by the Constables List who was to have collected
the same, which was ordered to be laid on the rest of the Parish :
But as the Parish made it appeal" they had otherways done their
full share & Proportion of Duty and that it would be a great
hardship on them to pay it; and as the said sum was assess' d by
mistake at the first not knowing the service the persons so ex-
empted had done, which was the reason of the exemption —

Wherefore Voted That the said Parish be also exonerated and
discharged from the aforesaid sum and the Treasurer be Discharged
from the same & authorized to charge the Province with the said
sum in his Account. Sent up by Mr. Webster. [Concurred.]

[p. 121.] Thursday May 14 th 1767. a. m.

Voted That Mr. Jacob Sheafe and Richard Jenness Esq. who
are appointed to take proper care on behalf of the Province where
actions are bro't for escapes out of Prison to Employ Council and
conduct said affairs in the course of the Law, Be and hereby are
Impowered to draw out of the Treasury the sum of twenty Pounds
Lawfull money for the Purpose aforesaid to be accountable for the
same to the Gen 1 Ass m . Sent up by the Clerk. , [Concurred.]

122 PROVINCE OF NEW-HAMPSHIRE. [1767.

P. M.

Whereas this House is Informed that John Thomlinson Esq. the
agent of this Province in Great Britain is lately Deceased, and as
the Bills which the Com tee for that purpose have drawn for Sterling
money payable there belonging to the Province, were Directed to
him, but can't be so any longer, and Barlow Trecothick Esq r
having been joyn'd in the agency for this Province, therefore

Voted That the said Com tee be authorized and are hereby Di-
rected to Draw the Bills of that kind which shall hereafter be
drawn by them, upon & direct them to the said Barlow Treco-
thick Esq. as agent for said Province. Sent up by Lt. Burley.
[Concurred.]

[p. 122.] Mr. Livius Bro't from the Board the acc ts of the
Committee for Drawing Bills on the Agent with the Report of
Com tec chosen to examine the same.

The Report of the Committee is as follows.

Province of New Harap 1 '.

Portsmouth 14 th Day of May, 1707.
We being a Committee appointed by a Vote of the Councill and Assembly
Dated the 7 th Inst, to Exam in the acc ts and vouchers of the Com tee for
Drawing sterling Bills on the Agent of this Province, have carefully Exam-
ined the vouchers and acc ts of the Chairman of said Com ue from the Ninth
Day of July 1760 to the day of the present date and find the same well
vouched and truly cast : that they are equal on both sides, and no Ballance
due to or from the Committee, and beg leave so to Report them.

Peter Livius.
Jonathan Warner.
John Sherburne.
John Giddings.
Copy of the ace 1 current
is on file.

Fryday May 15 th , 17G7, a. m.

Voted, That the Report of said Committee be accepted, and
that said Committee for Drawing Bills be and hereby are
Discharged agreeable to said Report. Sent up by the Clerk.
[Concurred.]

The Amount of Bills drawn within the time above mentioned
is £3810 : 5 : 4, Ster*.

[p. P23.] Whereas it is supposed there will be an overplus of
sterling money in the hands of the agent of this Province after
the payment of the bills of Exchange, which have or shall be
drawn for sinking the sterling Bills of Credit, by the Com tee of
this Province thereunto appointed, which overpluss may be
serviceable to be drawn out & put in the Publick Treasury,
Therefore — Voted, That the said Committee 1 be & hereby are
authorised to draw & dispose of Bills of Exchange for the said
overpluss sum for the Use of the Province & to put the money
they shall thereby receive into the Treasury to be applied as

1767.] JOURNAL OF THE HOUSE. 123'

the General Assembly shall order. Sent up by Capt. Merrill.
[Concurred.]

P. M.

Upon a petition of Capt. Samuel Leavitt of Deerfield repre-
senting his Difficulties, being in the hand of the sheriff on ace* of
a Debt due to the Province,

Voted, That the Treasurer Receive the sum he is now able to
pay and take security with surety to pay the Remainder by the
first of August next, Upon paying of which the Interest included
in the Judg* shall be remitted, and the Treasurer authorized to
proceed accordingly. Sent up by Maj r Wright. [Concurred.] (a)

(a) Votes, bills, allowances &c. passed by the House & concurred by the
Council, from May 9 th to May 16 th 1767.

Petition of Mrs. Ann Pierce, to inipower the Judge of Probate to correct a
mistake in settling the Estate of Nath 1 Pierce, dec d , leave to bring in a bill.

Committee to tell over money, in the recess, John Sherburne & Jacob
Sheafe.

Treasurer's ace' audited & accepted.

Ace 1 of Rich. Jenness, allowed £6 : 12 Law money.

Bill for supply of the Treasury.

Ace 1 of Committee for Drawing Bills, Theo. Atkinson, chairman, £169: 13
lawful money, allowed.

Ace 4 of Wm. Parker Esq. for drawing Acts & £21 : 16 : 6, allowed, law'
money.

Jos. Moulton's ace 1 for going Express, allowed £1 : 16, lawful money.

Saturday May 16 th 1767.

Mr. Sec y came into the House and by his Excellency's Direc-
tion adjourned the General Assembly to Wednesday the first day
of July next at ten o'clock in the forenoon.

Attest M. Weare, Clk.

124 PBOVINCE OF NEW-HAMPSHIRE. llTe'i

ADMINISTRATION OF <{0V. JOHN WENTWORTH. (l)

His Majesty's Commission appointing his Excellency John
Wentworth, Esq. Governor and Commander in Chief of the
Province of New Hampshire, was published Saturday, June,
, 1767.

NOTE BY THE EDITOR.

The Commission from his Majesty, George III d , to John Wentworth,
Esq. as Governor of the Province of New Hampshire, is dated August 11 th ,
1706; and is recorded in the Book of Commissions in the Secretary's office,
N. H. pp. 43-54. But the printing of it, here, is omitted, for the reason that
the language of the Commission, and the powers, authorities and privileges
therein conferred, are identically the same (names and dates excepted), as
given to Governor Benning Wentworth, in his Commission — which see in
full, Vol. VI. pp. 908-913. .

[p. 125.] Wednesday July 1 st 1767.

The House met according to adjournm* & adjourned till

Thursday, July 2 d , 1767.

| Of his Majesty's Council, there were present,
His Excellency John Wentwoth, Esq. Governor, &c.
Theo' 1 Atkinson ] Jonathan Warner ]

Daniel Warner Daniel Rindge

James Nevin }■ Esqs. Daniel Pierce

Theo d Atkinson, jun George Jaffrey

Peter Livius J

A message was sent by Mr. Wiggin, Col" Gone and the Clerk
to inform his Excellency, That there was a Quorum of the mem-
bers met.

The Hon ble Theo' 1 Atkinson, the See' & Peter Livius Esqrs.

(i) Gov. John Wentwobth was a descendant of Elder William Wentworth, one of
Rev. John Wheelwright's company at Exeter, 1638, son of Mark Hunking Wentworth, ami

nephew of the late Governor Benning Wentworth; ho was born in 17:!(i. grad. at Harvard
College, I7r>.">. At the age of thirty-one he was appointed Governor of New Hampshire and
remained in office — acceptable and popular— till the Revolution, when, attaching him-
self to his .Majesty's interest, he was obliged to leave the Province. He gave the Charter
to Dartmouth College, 17(19. lie was a man of large and liberal views, of sound judgment
and cultivated taste. He did much to encourage agriculture, cultivating a farm and
building an elegant house at Wolfeborough. on the border of the Lake Winnipesauke. He
laid out and caused a road to be built. 1771. from Wolfeborough to Dartmouth College.

Leaving New Hampshire, he was appointed Lieut-Governor of Nova Scotia, 1792. He
resided at Halifax where he died. April 8, 1820, aged eighty-three.— Kt>.

1767.] JOURNAL OF THE HOUSE. 125

came from the Board and informed the House that they were
directed by his Exc y to administer the Oaths instead of the oaths
of allegiance to the members present. iVnd the oaths were ac-
cordingly administered by the Sec y to the members Present and
then they withdrew.

Mr. Sec y came into the House and said he was directed by his
Exc y to Require the attendance of the Speaker and the House in
the Councill Chamber.

Mr. Speaker and the House immediately attended accordingly,
when his Exc y read his Speech to the Council and Assembly —
then the House Return'd to their Chamber.

A message was sent to the Board by Capt. Waldron, Mr. Top-
pan and Capt. Gidding to Pray his Excel y to favor the House
with a copy of his Speech.

[p. 126.] Mr. Sec y Bro't Down his Excy s Speech of this day
to the Councill and Assemblyo Copy of which is on file.

Governor Wentviortti $ Speech.
[Copied from MS. Gov rs Messages, Vol. Ill, p. 311.]
Gentlemen of the Council and of the Assembly —

His Majesty having been graciously pleased to Honor me with his Royal
Commission, appointing me Governor of this his Province of New Hamp-
shire, which Commission hath been duly published, I embrace the earliest
opportunity of meeting the Assembly according to their adjournment, previ-
ous to my arrival in the Province ; being desirous to afford my concurrence
to those Measures that may be necessary for the public service, which will
ever meet my diligent attention.

Gentn. of the Assembly —

I have in command from his Majesty to recommend to your earliest con-
sideration the necessary Establishment for the respective officers of the Gov-
ernment, that they may be enabled to execute their duty with Diligence and
Integrity ; and also to that you provide an adequate honorable and pemanent
salary for his Majesty's Governor in Sterling or Proclamation money,
which from its fixed value may not disappoint your Intentions or render
them uncertain to the various appointments. The evident Justice and
Necessity of these Measures preclude any use in my enforcing them from
motives of Policy, although they plainly add fundamental Reasons in con-
firmation, or of loyal and dutifull Respect to his Majesty, which I am well
convinc'd will ever have the greatest weight in your Deliberations.

Upon examination of the different Employments and offices of the Prov-
ince, it appears an object of importance, to recommend to your wisdom a
revision of the Laws respecting Fees, which are at present uncertain, and
in some instances unprovided. This cannot fail to obtain your immediate
care, as a matter essentially interesting to the public welfare, and in just con-
cern to the servants of the Government who are, and as honest men must be
anxious for' some rule of right to direct their reward. That you will consult
and determine upon this measure from extensive Principles of real and effec-
tual Policy, is my present Recommendation. In these and every other sub-
ject of Importance to the Province, you may be assur'd of my readiest and
most disinterested concurrence.

Gentn. of the Councill and of the Assembly —

It remains for me to observe that unanimity, Wisdom and application in
all your Proceedings will be the best means to compass the great End of your

126 PROVINCE OF NEW-HAMPSHIRE*. [1767.

Consultations, therein preserving the Honor of the Crown, and advancing
the unlimited Prosperity of the Province, which are at present the only
objects of my Wishes.

J* Wentworth.
Council Chamber, Portsmouth,
New Hampshire, 2 d July, 1767.

P. M.

Voted, That Mr. Speaker, Gapt. Waldron, Mr. Parker and the
Clerk be a Com tee to prepare an Address to his Excellency on his
appointment to the G-overnm' and arrival in it ; with an answer
to his Exc ys Speech.

John Webster Esq 1 " and Mr. Jon a Church who were not present
in the forenoon when the Oaths were administered to the mem-
bers, appear' d in the House ; whereupou a message was sent by
the Clerks to acquaint his Excellency of their being present and
not Sworn.

[They were accordingly called to the council chamber and took
the usual Oaths, also Capt. Henderson from Dover.]

[p. 127.] Saturday, July 4 th 1767.

Voted That there be and hereby is granted to his Excellency
John Wentworth Esq r our Governor, the sum of three hundred
Pounds Lawfull money towards defraying the Expence of his
voyage in coming to us ; and the House pray his acceptance
thereof, and the Com tce for Drawing Bills of Exchange &c. are
hereby Directed to Draw a Bill equal in value to that sum Pay-
able to his Exc 7 accordingly. Sent up by Capt. Carlton, Capt.
Worthern, Mr. Jenness & Doc r Bartlett. [Concurred.]

Voted That Mr. Sherburne and Mr. Sheafe be added to the
Com tee for preparing a Table of fees in the Recess of the Court.

The Com tee for Preparing an answer to his Exc ys Speech at the
opening of the present Sessions presented to the House a Draft
of an answer which was read and is as follows :

May it please your Excellency —

The House of Representatives have considered your Excellency's Speech at
the opening of this Session and return you our sincere thanks for your care
of the Publick service discovered by such an early meeting of the Assembly,
[p. 128.] alter such a long tedious and fatiguing voyage and journey as you
have had to your Government, (1) and giving us an opportunity to attend to
the Business immediately necessary to be transacted. Your expressions and
assurance of a Ready concurrence in that regard with those measures we
shall pursue to the end, Deserve our thankfull notice it acknowledgment.

We acknowledge the Propriety & Reasonableness of our early and speedy

(1) Dr. Belknap says, " Having received his Commissions as Governor of New Hamp-
shire and surveyor of the King's woods in North America, Mr. Wentworth sailed from
England, and arrived at Charlestown in South Carolina March 1767. Thence he travelled
through the continent, registering his Commission of Surveyor in each of the Colonies, and
was received at Portsmouth June 13, with every mark of respect and affection."— Ed.

1767.] JOURNAL OF THE HOUSE. 127

attention to making an adequate & honorable support for his Majesty's gov-
ernor in money of a fixed value, and the Lawfull money of this Province by
a Law of the Province is now well ascertained and fixed. There is likewise
the strongest reason from every just principle of Government for establishing
the fees of all the officers of the government, which has been several times
under the consideration of this and former Assembly's, but the former fluctu-
ating state of the currency made the business difficult. Silver and gold
currency have been established, we have made some progress in preparing a
suitable table of fees, but have not yet been able to accomplish it.

As the present season of the year with the peculiar Difficulties attending
at this time render our attendance to these important affairs impracticable so
far as to effect the same, we are necessarily obliged to pray your Excellency
to suspend the business for such a short time as the present state of our
Husbandry requires.

Voted, That the foregoing be presented to his Exc y as an
answer to his speech at the opening of the Present Session.

The Committee also presented to the House the form of an
Address to his Excellency which they had prepared, which was
read and is as follows :

May it Please Your Excellency —

[p. 129.] The Eepresentatives of his Majesty's Loyal and Dutifull subjects
of the Province of New Hampshire concur in the General joy diffused thro'
the same on the happy event of your safe arrival among them. Penetrated
with the most lively sense of his Majesty's Paternal Eegard to them in the
appointment of Your Excellency to the chief seat of Government here, they
make their most gratefull and humble Acknowledgments.

Your well known Benevolent Disposition and other amiable qualities ex-
hibited in private life, your abilities and inclination to Discharge the Special
Duties of your exalted Station, with the connection usually arising from
birth, education and fortune in the same place, gives the most sanguine
Hopes that this Province will always have a strong interest in your esteem
and affection. Your knowledge of the British Constitution and form of
Government, and the high esteem you have always had for it, the remarkable
opportunity you have had of hearing every Branch and part of it pass the
most critical Exainen that any age has ever seen, as it furnished a more inti-
mate acquaintance with the extent and limits of every part, has we doubt
not enhanced your esteem of this Constitution.

We would also gratefully remember the eminent service you rendered this
Province as an Agent at that critical conjuncture of affairs when it was
threatened and in danger of irreparable Burthens; and in the Name and
behalf of our Constituents return our sincere and hearty thanks.

The Result is — The most pleasing hopes that the civil and Religious liber-
ties of the People under your Government will always find Protection and
safety thro' your whole administration; and more especially as they have
hitherto preserved the character of quiet, loyaj and dutifull subjects, firmly
Attached to her Majesty's person and government, and we flatter ourselves
they will never forfeit that character ; that they will be always disposed to
demonstrate the truth of their profession by paying that honor and Duty to
his Representative here which his character and station demand, aad espe-
cially to your Excellency whose advancement is follow' d with the highest
satisfaction and acquiescence : We therefore congratulate you, Sir, upon the
Honor and trust his Majesty has confer' d on you and on the other propi-
tious attending circumstances.

We add our earnest Desires that the General complacency appearing on
this occasion may continue during the whole time of your Administration,
and that be long prosperous and happy to yourself and all under your care
and charge.

128 PROVINCE OF NEW-HAMPSHIRE. 1 1T'5T.

[p. 130.] The foregoing Address being read
Voted, That it be forthwith presented to his Excellency by 1
Committee of the whole. House.

The House accordingly waited on his Excellency and presented
the foregoing Address, and also delivered him the answer to his
speech at the opening of the session.

His Excellency was pleas'd to send the following answer to the
Address.

To the Assembly of Representatives of the Province of New Hampshire,

Gentlemen — Those pleasing marks of duty and Regard discover d in your
loyal and affectionate Address, urge from me a gratefull acknowledgment of
of the great pleasure I received and the very high sense I entertain of them.
If anything can add satisfaction to those honorable sentiments, with which I
received his Majesty's commands, it is the respectful Loyalty, affection, duty,
peace and good order prevailing in the people of this Province, which at the
same time that it evinces the sincerity of their attachment to the best of
Sovereigns, and love of our excellent Constitution, is the only means to
effectuate their happiness, and to encourage a Reasonable hope of the lasting
prosperity and welfare of the Province.

It shall he my unremitted care to verify the steadiest attachment to every
object that so eminently distinguishes my Duty to the King and the preser-
vation of the just rights of his people.

The favorable opinion you are pleased to entertain of me, impresses that
regard on my mind, which the important hopes it has given birth to demand.

If my country has received any benefit from my faithfull endeavours to
discharge the trust it honord me with, your thanks are a pleasing Reward
and a powerful incentive still to pursue its true, interests.

J' Wentworth.

[p. 131.] Mr. Secretary came into the house and by his Excel-
lency's Direction adjourned the General Assembly to Tuesdaj
the eighteenth day of August at ten o'clock in the forenoon.

Attest, M. Weare, Cler.

Tuesday, Aug 8 ' 18 th , 1707.
Met according to adjournm* & adjourned till

Wednesday, Aug* 19 th , 1767.

[01' his Majesty's Council, there were present]

His Excellency Jonx WENTWORTH, Esq 1 Gov 1 ".

Theodore Atkinson ] Peter Livius ]

Daniel Warner Jonathan Warner |

James Nevin }• Es<|*. Daniel Rindge f- Esqs.

T. Atkinson, jun. Daniel Pierce

Nathaniel Barred J Geo. Jaffrey. - J

Mr. Sec y and Mr. Livius came into the House from the Board,
and the Sec y inform'd the Speaker that the oaths of allegiance and

1767.] JOURNAL OF THE HOUSE. 129

the abjuration (1) as appointed had not been administered to the
[p. 132.] members and that they were Directed by his Excellency
to administer the Oaths, &c.

Accordingly the Oaths and abjuration were taken and sub-
scribed by the members.

The House adjourned till 3 o'clock.

P.M.

[The same oaths administered to Capt. Waldron, Col Barr,
Maj r Wright, Mr. Webster, Doc r Hale, Mr. Knowles & Col Goffe,
who were absent in the morning.]

A message was sent to the Board by Capt. Giddings and Doc 1 '
Bartlett to enquire for the Excise Bill Passed in this House and
sent to the Board in Jan y 1766, and to Desire said Bill may be
sent to the House.

Mr. Sec y came into the House and inform'd the Speaker that
the Excise Bill sent up for was not in his office ; he had searched
for it and could not find it.

[p. 133.] Fryday, Aug* 21, 17(57.

The House took under consideration the Dividing the Prov-
ince into Countys and Referr'd it to a Com tee to Report how
many Countys would be best for the Province to be divided into.
Said Com tee having considered the matter Reported that they
Judged it would be best the Province should be divided into four
Countys ; which being considered it was put to vote Whether the
Province should be Divided into four Countys and it passed in y e
affirmative.

P.M.

[p. 134.] An act for granting unto his Majesty an Impost on
Spirituous Liquors which shall be Imported or Bro't into this
Province and be consumed here, and an additional Excise on
Spirituous Liquors sold in lesser Quantities than twenty-five
Gallons to be delivered at one time : Having been read three
times,

(1) Oath of abjuration; " an oath asserting the right of the present royal family to the
Crown of England, and expressly disdaining snch right in the descendants of the pre-
tender."— Web. Die.

The following is the Form of said Oath :

I, A. B. do, in the sincerity of my heart, assert, acknowledge and declare, that his Maj-
esty King George is the only lawful and undoubted Sovereign of this Realm, as well de
Jure, that is, of Right King, as de Facto, that is, in the possession and 'exercise of the
government. And therefore I do promise and swear, That I will with heart and hand, life
and goods, maintain and defend his Right, Title and government, against the Descendants
of the person who pretended to be Prince of Wales during the Life of the late King 'James,
and since his Decease, pretended to be, and took upon himself the stile and Title of King
of England, by the Name of James the Third, or of Scotland by the name of James the
Eighth, or the stile and Title of King of Great Britain, and their adherents, and all other
Enemies who, either by open or secret attempts, shall disturb or disquiet his Majesty iut
the Possession and Exercise thereof. Geo. III., ch. 53, 1766. — Ed.

130 PROVINCE OF NEW-HAMPSHIRE. [17(37.

Voted That il pass to be Enacted, (a)

[a) Jour. C. & Ass" 1 , Aug. 24. Upon reading the Act for laying an Impost
A an Excise on Spirituous . Liquors &c. as past in the House the 21 st Instant,
and many things therein wanting an explanation, which the Council think
would be better explained by a Conference between both Houses than by
written votes,

Resolved, That tbe Assembly be ottered a Conference on the subject matter
of the said Bill &■ desired to appoint the time, and that the Honorable Mr.
Secretary, Mr. Livius & Mr. Rindge acquaint the House therewith.

Mr. Sec 7 and Mr. Livius came from the Board and administered
the Oaths to Col" Wentworth and Capt. Carlton.

Saturday, Aug st 22 d 1767.

Voted, That there be paid to his Excellency John Wentworth
Esq. our Governor out of the money in the Treasury the sum of
seven hundred Pounds Lawfull money for one years salary as
[p. 135.] Governor Commencing the thirteenth Day of June last
to be paid half yearly & also the sum of sixty-seven pounds
lawful money for house rent for the same time, and that his Exc v
be desired to Draw [out] the amount of the Treasury accord-
ingly with advice of Council.

Sent up by Col° Barr, Col° Wentworth, Maj' Downing and Doc r
Bartlett & Col Goffe. (a)

(a) Jour. C. & Assm, Aug. 24 th . The Council took under consideration the
vote of the House of the 22 d Inst, relative to the grant proposed for his Ex-
cellency's Salary, & observing it meantime for one year only, and also (2ndly)
that the Fund or Security out of the money in the Treasury is too uncertain,
which as this proposed Grant differs widely from the method of Grants made
to former Governors,

Resolved, That the Honorable Theodore Atkinson, James Nevin & Jona.
Warner Esqrs. be appointed to put the Assembly in mind of the difference, ft
to acquaint them that the Board tho't it expedient before they acted upon the
said vote, to send this message, That if the Assembly thought proper they
might make any alteration before it was laid before his Excellency.

Whereas it has been long complained of as a great Grievance
that this Province considering its Extent and figure was not Di-
vided into Counties, but all publick Business transacted at Ports-
mouth, the situation of which in being at one corner of the Prov-
ince occasions great expence and charge to the Inhabitants of
many other Places, Especially to those who live in the Remoter
parts of the Province and often occasions Delays in many Publick
affairs by the interfering of one with another, and the Disability
of Persons to attend at so great Distance as is often necessary in
the Proper time and season required ;

Therefore Voted, That this Province be divided into four Coun-
ties, the first of which to be bounded Southerly and South East-

1767.] JOURNAL OF THE HOUSE. 131

erly by the Sea, then by a line Running up Piscataqua River and
running in the Westerly branch thereof up the great Bay, &
Exeter River to the line between Exeter and Strathara, then by
that line till it comes to the line between. Exeter and Hampton-
falls to Kensington, and then to Run between that and Kingstown
line, and then by that to South Hampton, and by the line between
South Hampton and Hampton-falls to the Sea, with that part of
the Isles of Shoals which lies in this Province.

That the Second County be Bounded as follows, viz. Westerly
by a line Running between New Markett and Durham & con-
tinued between Durham and Nottingham and between Notting-
ham and Barrington, and between Chichester and Barnstead &
Between Gilmanton & Canterbury to Winnepissioke River, then
Down said River to Pemigawassett River, then up said River to
Baker's River, then up the South Branch of said River to the
head thereof, then on a strait line to Connecticut River on the
South side of the Town of Orford, all on the North and North-
easterly side of said Line to be within the Second County.

The third County to be Bounded as follows, viz. Easterly and
Southerly on the Province of the Massachusetts Bay, Westerly on
Merrimack River and on Winnipessioke River till it comes to the
line of the Second County, then Bounding Northeasterly on the
Second County.

The fourth County to contain all the land on the Westerly side
of Merrimac River lying in this Province not contained in the
other Counties.

[p. 136.] And that Col. Weare, Col. Wentworth and William
Parker Esq rs be a Com tee of this House to joyn Such as shall be
appointed by the Hon bR Councill to bring in a Bill to this purpose.

Sent up by Mr. Wright, Capt» Worthen and Capt. Chamberlin.

Monday, Aug* '24 th 1767.

A message was sent to the Board by the Clerk to inform them
that Tho s Bell, Esq 1 ' the member from Newcastle was now in the
House and had not taken the oath and to desire that he might
be qualified.

The Sec y came into the House and inform'd the Speaker that
the member from New Castle had taken the Oaths.

Voted, That Mr. William Parker Esq. Mr. John Sherburne, Mr.
Jacob Sheafe, Richard Jenness Esq. & Meshech Weare be a Com-
mittee of this House to joyn with such as shall be appointed by
[p. 137.] the Hon ble the Council to prepare a Table of Fees, to be
laid before the General Assembly for their approbation as soon as
may be. Sent up by the clerk. [Concurred and Hon ble Theo.
Atkinson, Col. Warner, Mr. Warner, Mr. Rindge & Jaifrey added.]

132 PROVINCE OF NEW-HAMPSHIRE. [176T.

The Hon v,,p Col Atkinson, Mr. Nevin & Mr. Warner came from
the Board and Informed the House that upon considering the
House's vote for the Governors Salary the Council] tho't that it
was very different from former allowances to Governors, as this
vote was for one year only, whereas heretofore it had been settled
during the Administration, and also Provision had been made in
the Act for settling the Salary for a Fund for Paying the same,
But in the present vote it was only said to be paid out of the
money in the Treasury : And the Councill apprehended that by
the King's direction for settling a permanent Salary, something
further was necessary in these Respects than was contained in the
Vote of the House. So they proposed the matter to the further
consideration of the House before the Councill Passed upon it to
lay it before the Governor, (a)

(a) Jour. C. & Assm. Aug. 25 tL P. M. His Excellency laid before the
Board & ordered the Sec- V to read his Majesty's 5 th & 11°' Instructions, viz.

5th and 11th Instructions.

5 lh . Our Will and Pleasure is that you permit the Members of our said
Council to have & Enjoy freedom of Debate & vote in all affairs of Public
concern that may be debated in Council.

11 th . And Whereas we are sensible that effectual care ought to be taken to
oblige the members of our said Council to a due attendance therein in order
to prevent the many inconveniences that may happen for want of a Quorum
to transact business as occasion may require; It is our Will and Pleasure,
That if any of the members of our said Council residing in the Province
shall heareafter absent themselves from the said Province and continue
absent above the space of twelve months together, without leave from you as
the Commander-in-chief of our said Province for the time being, first ob-
tained under your or his hand & Seal, or shall remain absent for the space of
Two years successively without leave given them under our Royal Sign
Manual, their place or places in the said Council shall thereupon become
void ; and that if any of the members of our said Council residing in our
said Province shall hereafter wilfully absent themselves from the Council
Board when duly summoned without just and lawful cause, & shall persist
therein after admonition, you suspend the said Councillors so absenting
themselves till our further pleasure be known, giving timely Notice thereof to
us by one of our Principal Secretaries of State & to our Commissioners for
Trade & Plantations for their Information. And We do hereby Will & Re-
quire you that this our Royal Pleasure be signified to the several Members of
our Council aforesaid, & that it be entered in the Council Book of our said
Province as a Standing Rule.

[p. 138.] Wednesday Aug Rt 26, 1767.

Mr. Sec y and Mr. Levins came from the Board and inform 'd
the House that the Councill had many difficulties about passing
of the Excise Bill and Desir'd a conference of both Houses.

Col Weare, Wm. Parker Esq. <fc Mr. Sherburn were sent with
a verbal message to the Board in Answer to the verbal message

1767.| JOURNAL OF THE HOUSE, 13B

df yesterday delivered by the Hon ble Col Atkinson, Mr. Nevin &
Mr. Warner : That the Report that the Gov r will be provided
for very soon by the application of part of the Revenue arising
by the Customs (which his Excellency seems to think probable)
was one motive to the House to pass the Grant in the form it was
sent up to the Board ; That the House has been inform'd that his
Excellency himself did not desire such a settlement as should
amount to that heretofore claim'd by virtue of Instructions, for
that at his Request such an Instruction had been omitted ; That
the settlement on the late Governor was only partial by the pay-
ment of a certain sum out of the Excise, the rest was contingent
and temporary and depended on grants of the Assembly from
[p. 139] year to year ; That the House would not be unwilling to
give his Excellency the utmost assurance of their inclination to
grant him an Hon ble support according to the circumstances of
the Province which they hope will grow so much better as to
Enable them to make additions, but think it would be best to sus-
pend the laying it on any certain fund, had they any such estab-
lished, till the matter first hinted is ascertain'd, and in case that
scheme should not be carried into execution the House wou'd be
willing to apply the Excise as it has been heretofore done or in a
manner more effectual.

Mr. Sec y Bro't from the Board the following Resolve, viz.

P. M.

n the Bo

Province of Now Hamp 1

In Council 2ti th Aug st 1767.

Resolved Unanimously, That a Division of this Province into more than
two counties would at present be inexpedient and attended with very great
Expence and a very heavy and unnecessary Burthen on the People.

And whereas the Inhabitants of the western parts of the Province are at a
very great expence and Difficulty in travelling to so great a distance from
their own homes and in attending their business at the Courts, which Incon-
veniences it is just and necessary to Remove —

It is therefore Resolved, That the Province be divided into two Counties,
and that the line of Division be as follows, viz, To begin at the sea side three
miles North of Merimack River where the Province line begins and to fol-
low the said line to Merimack River, then to ascend the same to the place
where Bow line crosses the said River, and to follow the iine of said Bow on
the westerly side of s d River till they return to the River, then to ascend the
same to the mouth of Pemigawassett River and up the same to the mouth of
[p. 140.] Baker's River and up the same to the head thereof, and from thence
over to Connecticut River on the south side of the Town of Orford; All on
the South and West of said Line to be in one County, and all on the North,
and East thereof in the other County, unless it should be thought convenient
that the towns of Nottingham West, Litchfield & Derryfield be included in
the Western County, in which case the line is to Run on Eastern or North-
eastern side of the said Towns on the whole length of them. And the
Hon ble Daniel Warner, James Nevin and Nath 1 Barrell Esq rs are appointed a
Com tee to joyn with such as shall be appointed by the Hon b,e House to pre-
pare & bring in a Bill or Bills to effectuate the Design.

T. Atkinson, iun. Sec>'.

134 PROVINCE OP NEW-HAMPSHTJRE. -11767,

A message was sent to the Board by Mr. Parker to acquaint
them that the House would attend the proposed Conference [on
the Excise] tomorrow ten o'clock in the forenoon.

Thursday, Aug"* 27, 1767.

The House took into consideration the Petition of Isaac White
of Pembroke Representing that there were great difficulties in-
making an assessment of a Sum of money the s d Town is obliged
to raise, and Praying for some method by which they might be
aided, by some indifferent persons being appointed.

[p. 141.] Voted That the Prayer of the Petition be granted
and that the Petitioner have liberty to Bring in a Bill accord-
ingly. Sent up by Mr. Underwood. [Concurred.]

The Resolve of the Councill respecting the Dividing the
Province into two Counties only was taken into consideration,
and it was put to vote whether the House would comply there-
with, and it passed in the Negative.

P. M.

This afternoon the House had under further consideration the
Dividing the Province into Counties.

Fry day, Aug. !>8 th 1707.

The House took under consideration the Petition of the Inhab-
itants of Gosport and others for a Lottery to Erect a Pier in the
JSaid Town, which appearing Reasonable and no objection made,

Voted, That the Prayer of the Petition be granted, and that
the Petitioners have liberty to bring in a Bill accordingly. Sent
up by Capt. Gidding. [Concurred.]

[p. 142.] The Hon ble Daniel Pierce Esq. Bro't from the Board
a Petition of the Selectmen of Bow representing a Difficulty in
making a Certain Asscssm* and praying Relief, (a)

(a) Jour. 0. & Ass m , Aug. 27"'. The Petition of the Selectmen of Bow in
behalf of themselves and the inhabitants of said Bow, exclusive of such as
are set oft' into Parishes, Pepresentin£ that they are areatly distressed by
being taxed by tin* Parish of Concord &c. A Praying relief. Read. (1)

The House faking into consideration the Dividing the Province
into Counties came to the following Determination, viz.

Whereas a vote lately pass'd in this House for Dividing this
Province into four Counties the limits of which were express'd
in the vote which this House apprehended would be agreeable to

(l)See Bouttn*8Hi«t. of Concord, p. 246.— Ed.

1767.] JOURNAL OF THE HOUSE. 135

& most convenient for the People, But the Hon ble his Majestys
Council supposed it would be attended with too great changes
and did not concur with said vote, But voted that the Province
should be divided into two counties only, making Merrimack
River the Dividing line ; This the House have duly considered
and find it would not answer the End proposed by Dividing the
Province into Counties, which is the Ease of the People in Gen-
eral, which in the case of two Counties only would be very little
to a great part of the Province.

Upon Reconsidering this matter the House who (with great Re-
luctance) find themselves under a necessity of Differing in opinion
from the Hon ble Council, which they conceive arises from their
more intimate knowledge of the minds of their constituents, their
concerns & connections than the Council can be Reasonably sup-
posed to have, and on this Principle only they are induced to
Dissent from the vote for two Counties only, and to prove their
Desire to agree with the Council as far as is consistent with their
Duty to those they represent, They are willing to Divide into
three Counties only, since their first Proposal is not acceptable :
Therefore

[p. 143.] Voted, That this Province be divided into three
Counties, the several Courts both the Sup 1 and Inferior Courts to
be held in the several Parts of each County in such places as
will best Accommodate the Inhabitants as shall be agreed upon
by the General Assembly. The Bounds of the Counties to be
as follows, viz.

The first County Bounding Northerly by Piscataqua River at
the mouth thereof, and up the River to the line between Durham
and New Market, and by that line and the line between Durham
& Nottingham & between Nottingham & Barrington, And be-
tween Chichester and Barnstead, and between Gilmanton & Can-
terbury to Winnipisiokee River, then down said River into the
Merrimack River and down the same to the dividing line between
this Province and the Massachusetts Bay, then Easterly following
the said Dividing Line to the Sea, then by the Sea to the mouth
of the Piscataqua River where the Bounds began, with that part
of the Isles of Shoals which lies in this Province.

The second Comity bounding Southerly by the Northerly line
of the first County to the mouth of the Pemigawassett River,
then up said River to Bakers River, and up the same to the head
of the south Branch thereof, then on a strait line to Connecticut
River on the south side of the Town of Orford : All on the
North or Northerly side of said line to belong to the second
County.

The third County to contain all the land on the westerly side
Merrimack River lying in this Province not contained in the
other Counties.

And that Col° Weare, Col Wentworth & William Parker

136 enoviNCE of new-Hampshire. [net

Esqs. be a Com tce of this House to joyn such as shall be appointed
by the Hon 1 ' 1 " the Council to bring in a Bill for this purpose.

Sent up by Mr. Webster, Doc Bartlett & Capt. Worthen.
[Non-concurred.]

[p. 144.] Saturday, Aug-. 29, 1707.

Mr. Sec* Bro't down from the Council] the following Resolve,
viz.

Province of New Hampshire

In Council, 2S ; >' Aug. 1767.

The Council] having read and Considered the vote of the Bon ble Assembly
concerning the Division of the Province into three Counties, they are of
opinion that the Second County as proposed can answer no good purpose,
the whole of the said County excepting old Dover. Rochester ami Barrington
consisting of entirely new settlements, in no circumstances to support the
very heavy expence of a new County, but at present rather requiring
assistance for their own individual support; and they are of opinion that a
very Small part even of the three Towns mentioned will be any way served
or accommodated by the said proposed County, and this Small part is so near
the present Seat of Justice as not to Require a Division. The Council are
therefore of opinion that it should for the present Remain with the first
County, and it, is accordingly,

Resolved, to adhere to our former Resolves. And it is Recommended to the
Hon ble Assembly Seriously and compassionately to consider the people on
[p. 145.] the Western side of Merrimack River whose remote Situation so
evidently calls for it. and to >urt'<"r them to be sett oil' in a Seperate County.

T. Atkinson, j-un. See- .

To which Resolve the House Sent up the following Answer,
viz.

The House having Read and considered the Resolve of the
Hon 1 ' 1 Councill of the 28" 1 Instant, are of opinion that Dividing
the Province into. less than three Counties will by no means
accommodate the People of the Several parts of the Province for
their ease and benefit in transacting their necessary business; ami
we are fully sensible nothing less will, give (hem satisfaction; ami
this being a point in which their Interest and convenience is
more especially concerned, ami has long been the peculiar object
of their attention and Expectation, we think their minds herein
oughl in the main to he the Rule of our conduct, & therefore we
cannot Determin on any other manner of Dividing into less than
three Counties & on any lines at present which wil! be so e<jual
as those already proposed by the House: That the advantage to
the Several parts of the 1'rovince by their Division will he far
greater than the additional Burthen to which the People them-
selves are x^vy willing to submit, ami their Representatives must
he Buppos'd best to understand as well as their necessities and
abilities whose opinion herein they must be supposed to know,
and when thai coincides with, their own they are obliged both in

iibi.

JOUBNAL OF THE HOUSE. 137

Duty & Policy to pursue ; Therefore they are obliged to Resolve,
and it is hereby Resolved to adhere to the Vote of this House for
Dividing the Province into three Counties, sent to the Board
yesterday. Sent up by Maj r Wright, Doc 1 ' Bartlett &> Doc r
Thompson,

£p. 146.] Tuesday, Sept, 1 st , 1767.

The Sec y and Mr. Livius bro't from the Board the following
Resolve, viz.

Province of New Hampshire

In Council I st Sept. 1767.
Whereas it appears convenient and necessary that the Province be Divided
Into Counties forthwith,

[p. 147.] Resolved, That the Hon We Col" Atkinson, Col" Warner & Peter
Livius Esq s he a Cora tee of Council to joy n with such as shall be appointed by
the Hon bie House to consider and Report the best and most expedient
methods of effecting it.

T. Atkinson jun, Sec>\

Wednesday, Sept. 2 d , 1767.

[p. 148.] The Resolve of the Hon ble Councill appointing a
Com tee to joyn with a Com tee of the House to consider and report
the most effectual method for dividing the Province into Counties
being taken into consideration,

Voted, That Doc 1 ' John Giddings, Richard Jenness Esqr. & Me-
shech Weare be a Com tec ' on the part of this House to joyn with
the Com. 11 '* chosen by the Hon ble Councill for the purpose above
mentioned. Sent up by Mr. Wiggin.

Mr. Livius came from the Board and informed the Speaker that
the Com tco of Council were ready to confer with the Com H< ' of
the House.

The Com**' of the House accordingly went up immediately to
the Council Chamber.

Thursday, Sept. 3 d , 1767.

An act for appointing Persons to make an Assessment on the
Polls and Estates of part of the Inhabitants of Pembrook for
Reasons therein Declared, having been read three times

Voted That it pass to be enacted.

Sent up by Mr. Church, [concurred and passed.]

Voted, That Ma] 1 ' Downing, Doc 1 ' Giddings, Doc 1 ' Bartlett, Doc T
Thompson and Doc r Hale be a Com tee to look over the Laws to
find what fines there are therein and for what they were imposed
and in what vear and to make a list of the same to lay before the

138 PROVINCE OF NEW-HAMPSHIRE. 11767.

House as soon as may be in order to Determine on some Rufe
which may be equitable for regulating them.

[p. 149.] Mr. Sec y and Mr. Jaffrey came from the Board and
informed the Speaker thai the Councill had considered the Act
for laying an Impost & Excise and could not pass it.

P. M.

A message sent to the Board by Doc r Giddings & Capt. Cham-
berlin to Desire the Excise & Impost Act (which the House was
informed in the forenoon was not past by the Council]) might be
sent into the House.

Mr. Sec y bro't from the Board the act for an Impost & Excise,
sent for by Doct r Giddings <fe Capt. Chamberlin.

Fryday, Sept, 4 th , 17G7.

Mr. Parker, Capt. Waldron & Meshech Weare were appointed
by the House to wait on his Excellency and confer with him
about taking the Excise for his Salary for the present year — who
accordingly waited on his Exc* and returning Reported to the
House that his Exc- V was willing to take it.

[i>. 150.] Saturday, Sept. 5 th 1707.

A message was sent to the Council by the clerk to Enquire
whether the vote of the House for Dividing the Provinces into
three counties was pass'd upon, and if not to Desire the Council
would pass upon said vote as soon as may be.

Mr. Sec y came from the Board and Informed the Speaker, That
the Vote of the House of the :28 th Aug st last for Dividing the
Province into three Counties had been considered by the Council
and it was non-concurred by the Council for several Reasons.

[P. 152.] Thursday, Sept. 10 th , 1707.

The House took into further consideration the Dividing the
Province into Counties and came to the following Resolve, viz.

In consideration of the Disagreement there has been between
the lion 1 ' 1 '' his Majesty's Council! and this House respecting the
Division of (his Province into Counties, and it having been sup-
posed that three Counties would be most agreeable, Therefore

Resolved and voted, Thai Col" Barr, Thomas Westbrook Wal-
dron, Esqr., Mr. John Giddings, Col" Moulton, Esq. and Mi-. John
Sherburne be a Committee of this House to joyn with such as
shall be appointed by the Hon 1 ' 1 Councill to consider of and settle

1767.1 JOURNAL OF THE HOUSE. 13$

the most convenient Lines of the Division of said Counties and
the most convenient times and places for holding the respective
Courts, viz. The Sup r Court of Judicature, the Inf r Court of
Common Pleas and Court of General Sessions of the Peace
within each County and make Report to both Houses as soon as
may be. Sent up by Doc 1 ' Thompson.

[p. 153.] Fryday Sept. 1.1 th 1767.

Whereas by an Act Pass'd in the Present Session of the Gen-
eral Assembly the Excise on Spirituous Liquors granted by an
Act Pass'd in the fifth year of his late Majesty's Reign Intitled an
Act for granting unto his Majesty an Excise on Several Liquors
as settled and fixed in Lawfull money of this Province with some
additional Paragraphs to enforce a due & Regular payment there-
of to prevent fraud & Deceit in settling without paying Excise,
by private sales without License, by which a great loss happens to
the Government : Therefore

Voted That Col March, Mess rs Jacob Sheaf e & John Sherburne
be a Committee of this House to join with such as the Governor
& Councill shall appoint to farm the said Excise to a Receiver or
Receivers as they shall judge Best to be commissioned by the
Governor to make a faithfull collection thereof and authorized to
prosecute any offenders against the Laws in this case provided, &
that the money arising thereby be put into the Province Treasury
to be applied to the uses of the Government as the Governor
Council & Assembly shall order ; that this selling or farming said
Excise shall be for one year only Commencing the first Tuesday
of Sept. Inst, to the first Tuesday of September next.

Mr. Sec 7 Bro't from the Board a Resolve in Councill respecting
Dividing the Province into Counties, which is as follows, viz.

Province of New Harups r .

In Council Sept. 10 th 1767.

The Board having some time since tho't a Division of this Province into
Counties not only Reasonable but necessary as it would in a great measure
prevent the Extraordinary travil and Expense attending the Inhabitants on
the western frontiers of this Province when required to attend on Publick
business at Portsmouth, &c. And forasmuch as all attempts hitherto made
by the Councill to accomplish this salutary End having proved ineffectual,
[p. 154. ] and tho' the Councill are still of opinion that Dividing the Province
into two Counties only (at present) would better accommodate the Inhabi-
tants in general & be attended with greater utility than any further Division;
But as these repeated votes & Resolves of this Board have "unfortunately met
with the Disapprobation of the Hon ble the Assembly who have Voted s the
Province should be Divided into Three Counties & seem still to adhere to
their Votes ; however, to shew the Inclination of this Board to join in any
Measure that will have the least Tendency to alleviate the hardships &, Ex-
pence above mentioned and that these good Purposes may be drawn into
Execution,

140 PfiOVINCB OF NEW-HAMPSHIRE. |1767.

Resolved That the Province be at present Divided into Three Counties, by
the following Bounds, viz.

The first County to Begin at the Province Line near the fort Point at the
Entrance of Piscataqua River, from thence running south westerly (including
those parts of the Isles of Shoals that lie within this Province.) to the Prov-
ince line, then running westerly as the said line runs till it conies to the
westerly part of Hamstead, then to turn Northerly & run between Hamstead
and Londonderry, then between Chester & Kingston & between Exeter A
Nottingham, between Durham & Barrington & between Dover and Roches-
ter to Salmon falls River, then Down the said River and Piscataqua River to
the Bounds begun at. The other two Counties to be divided by a line thro'
Merrimack River where it crosses the Province line & from thence up the
said River to the line of Bow, then t<» follow- the lines of Bow on the west
rside of the River till it comes to the said River again, then up said River to
Pemigewasset River to the mouth of Bakers River & up the same into the
South Branch thereof, and to the head thereof and from thence on a strait
line to the Southwesterly corner of the town of Orford on Connecticut River,
with liberty to add the" Towns of Nottingham West & Litchfield to the
Western County if tho't convenient.

Read, voted & ordered to be sent down to the Mon bIc Assembly for concur-
rence.

T. Atkinson, jun. See 1 .

The House adjourned till 3 (/clock

P. M.

Whereas this Mouse sent up the Hon ble his Majestys Councill a
vote of the 10 th Instant for Dividing the Province into Three
Counties and appointed a Com tee to joyn such as the Council
should appoint to consider of the most convenient Lines or
Boundaries of each County and the most suitable times and
places for holding- the Courts of Justice in each, viz. The Sup r
Court of Judicature, the Inr" Court of Common Pleas and Court
of General Sessions of the Pence, and to make Report to both
Mouses as soon as might be, since which, viz. in the forenoon of
this day the Mouse have Receiv'd a vote and Resolve of Council
for Dividing the Province into Three Counties by the several
[p. 155.] lines therein set forth, but no notice is therein taken ot*
the Proposal of the Mouse in their said vote of choosing a Com*'
of both Mouses to tix upon the most convenient lines and to con-
sider of the times & places in each County for holding the said
Courts, which induces the Mouse to suppose that tin- vote of
Councill aforesaid was t'orm'd mid pass'd before the said vote of
the Souse was sent up; Wherefore as the House conceive the
•limits oi the Counties as proposed in tin 1 said vote of Councill
might be amended and made much more convenient for the
People Especially as to the second or middle County, ami that
the other matter relative to the Courts is a matter necessarily
connected with the Incorporating and constituting o\' Counties,
There tdie

Voted, That the Council 1 be and hereby arc requested to con-
sider of ami concur with said vote of the Mouse. Sent up by
.Mr. Toppan.

An Act for ascertaining the Excise granted on Spirituous

1767.] JOURNAL OF THE HOUSE. 141

Liquors retailed in this Province by an Act passed in the fifth
year of George the Second in Lawful money, and for preventing
fraud and Deceit by avoiding discovery of what is retailed, and
enforcing the due and Regular payment of such Excise, having
been three times read,

Voted that it pass to be enacted. Sent up by Mr. Toppan.

Mr. Sec y bro't from the Board the following Resolve of Coun-
cil!, viz.

Province of New Hampshire, Sept. 12 th 1767.

The Council having read and considered the Vote of the Hon bIe Assembly
of the 10 th Inst, and their subsequent Vote of the 11 th they are of opinion
that it is not and never was agreeable to the Council to Divide the Province
1p. 156.] into more than two Counties, as they are Persuaded a further sub-
division will (at present) be unnecessary & burthensome, yet desirous of
removing as far as they consistently can all obstructions to a perfect agree-
ment and good Harmony between the two Houses, the Council sent down
the 10 th Inst, a Ee'solve for a Division into three Counties, which Resolve was
pass'd before the vote of the House of the 10 th Inst, was sent up and as it
appears that the House are Desirous to offer some alterations in the plan of
Division propos'd by the Resolve of this Board, they are ever Ready on all
occasions to forward any alterations that they can be convinced will bene-
ficially affect the province, Therefore

Resolved that Coll Atkinson, Col Warner, Mr. Barrill, Mr. Rindge and
Mr. Pierce be a Committee to join the Committee of the House appointed
by their vote of the 10 th Inst, for the purposes therein mentioned. Read and
ordered to be sent down.

Theodore Atkinson, inn. Secy.

Wednesday, Sept. 16 th 1767.

The Com tee of the Council and House for confering about the
Lines for Dividing the Province into three Counties, And places
of holding the County met for that purpose.

[p. 157.] Fryday, Sept. 18 th 1767

P. M.
The Committ c for Considering of Dividing the Province into
three Counties made the following Report, viz.

The Comitt e of both Houses Chosen to consider of and settle the most
convenient lines for dividing the Province into three Counties, & the most
convenient times and places for holding the Courts, have considered that
matter & beg leave to Report, That the lines Proposed by vote of the House
of the 28 th of Aug st last may answer at present with the following alterations,
viz.

That there be added to the North County the towns of Chichester <fe Can-
terbury, & also where any town is divided by Pemigewassett River or Bakers
River, the whole township shall belong to the North County.

As to the other two Counties, that the Townships of Nottingham West &
Litchfield & Derryfield be added to the Western County if tho't most con-

142 PROVINCE OF NEW-HAMPSHIRE. [170T.

veuient, and that the whole ol' the township of Bow belong to the Eastern
County, and that there be held in the North County one Superior Court &
[p. 15S. | one Inferior Court & one Court of General Sessions of the Peace
in the town of Dover, & one Inferior Court and one Court of General Ses-
sions of the Peace in the township of Rochester yearly.

In the AVest County that there be held one Superior Court and one Inferior
Court and one Court of General Sessions of the Peace in the Township of
Merrimack and one Inferior Court and one Court of General Sessions ol the
Peace in the township of Walpole yearly.

In the Eastern County that there be held one Superior Court and one
Inferior Court and one Court of General Sessions of the Peace in the town
of Portsmouth, one Inferior Court and one Court of General Sessions of the
Peace in the Town of Hampton, one Superior Court and one Inferior Court
and one Court of General Sessions of the Peace in the Town of Exeter, one
Inferior Court and one Court of General Sessions of the Peace in the town of
Londonderry yearly. As to the times of holding the Courts referred to
further consideration. By order of y e Com tee .

D. Warner.

Saturday Sept. 19 th , 1767.

[p. 159.] The House took into consideration the Report of
the Com Ul tor Dividing the Province into three Counties and

Voted that said Report be accepted and that Nottingham
West, Litchfield and Derryiield be added to the Western County,
it appearing most convenient for them, and that a Bill be drawn
up accordingly. Sent up by Mr. Toppan.

Tuesday, Sepf. 22 d 1767.

Mr. Sec v Brot from the Board the Petition of Sundry In-
habitants of Hampton Falls praying to be excused from paying
to Mr. Wingate the settled minister and to enable them to raise
money to support their own minister. [A hearing granted.]

[p. 160.] P. M.

The House took under consideration the Petition of sundry
Inhabitants of New Ipswich Praying for a Com tee to settle a place
for ejecting a meeting-house in s d Town, and the petitioners
being heard thereon and also a Com tee on behalf of the town
gainst the Petition it appears that sending a Com tee will be the
most likely to settle peace in Said Town, Therefore

Voted That Col" John Gone, John Hale & James Underwood
Esqrs. be a Com* 6 * to Determin the .most suitable place for
erecting a meeting-House in said Town, and to make Report to
the Gen 1 Ass ,n as soon as may be. Sent up by Mr. Wiggin.
[Concurred.]

1767.

JOURNAL OF THE HOUSE.

143

Wednesday, Sept. 23 d , 1767.

Whereas by change of circumstances in several places that pay
a Province tax and in Several places heretofore exempted from
such tax, a new Proportion is necessary, Therefore

Voted, That the Selectmen or the major part of them or others
by them appointed at the charge of the Town Parish or District
whereto they respectively belong shall take an Inventory of the
Ratable Estates of the Towns Parishes and Districts following,
viz.

Portsmouth

Dover

Hampton

Exeter

New Castle

Rye

Kingstown

Newington

Stratham

Londonderry

Greenland

Durham

Lee

New Market

South Hampton

Hinsdale

Winchester

Walpole

Charlestown

Westmoreland

Epsom

Sandown

Hawke

Peterbourough Slip

Concord

Weare

Hillsborrough

Number One

Plastow

Hampstead

Salem

Pelham

Summerswortli

Hollis

Dunstable

Merrimack

Monson

Chester

Litchfield

Nottingham West

Rochester

Barrington

Hampton Falls

Nottingham

Brentwood

Bedford

Dublin

Plymouth

G-ilman Town

Candia

Raymond

Poplin

Deerfield

Stevens Town

Haverill

Plainfield

Keen

Derry field

Canterbury

North Hampton

East Kingstowii

New Town

Kensington

Windham

Bow

Epping

Gosport

Boscawin

Dunbarlon

New Boston

Goffs Town

Pembrook

Amherst

Lindsborrough

Swansey

Clairmont

Gilsome

Sanborn Town

Atkinson

Rowley Canada

Number Six in the line

of Towns
New Hopkin Town
Wilton
New Ipswich
Peter Borrough
Cornish (1)

Which Inventory shall be taken in the month of December
Next In the following kind of Estate, all Male Polls from sixteen
years old & upwards, all Slaves male and Female Exceeding
sixteen years old, all orchard arable Medow & Pasture Land ac-
counting so much pasture land as will sumer a cow four acres, all
Horses Mares and Colts Distinguishing the difference of years
from one to four years old, all oxen Cows and young Cattle Dis-
tinguishing their age as above Express'd for Horses, all mills and
the yearly rent thereof, yearly repairs thereof being deducted in
the judgment of the persons taking said Inventory, that the Per-
sons taking said Inventory shall take an oath to be administered
by any Justice of the Peace in said Province that they have faith-

(1) This name seems to have been omitted in the record, but is found in another
list. — Ed.

144 PBOVINCB OF NEW-HAMPSHIRE. [nflflj

fully & Impartially made said Inventory which shall be returned
with the said Inventory into the Secretary's office at or before ihe
lirst day of February Anno Domini 1768.

Further voted, That the Selectmen of the oldest adjoyninp;
Town to any Town Parish or District where no Selectmen are
shall take Inventory of such Town Parish or District & Return the
same as aforesaid for which they shall be paid an adequate Reward
on their Account being exhibited to and allowed by the General
Assembly out of the Province Treasury. And further Voted,
That the Sec y send a copy of this vote to the Selectmen of the
several Towns Parishes and Districts above mentioned at the
public charge.

Sent up Sept 24 th by Col" Gofte. [Concurred.] (1)
[p. 162.] Mr. Sec y Bro't from the Board the Report of the
Com 1 "' Respecting Dividing the Province into three Counties with
the vote of the House thereon accepting said Report upon which
the Council passed the following vote, viz.

h\ ( ouncil Sep' 23 ci , 1767.

Read & Concurred so far at? Relates to the lines for Dividing the Province
into three Counties: but the Council cannot with Honour joyn with the
Hon ble Assembly in voting the constituting and Establishing of the Courts
and the times and places of their sitting in the several Counties Proposed, as
that would be an Infringement on the Prerogatives of the Crown, and vested
by his Majesty's Commission in his Excellency with advice of his Majesty's
Council, & with whom the Intire Right of such nominations & appointment**
constitutionally appertain.

William Parker, Tho" Westbrook Waldron <fc Meshech Weare
Esq™ were appointed to wait on his Excellency in order to get the
Places for holding the Courts in the second Counties settled.

Thursday Sep' 24 th 1767.

[p. 163.] Mr. Sec/ bro't from the Board the Act granting a
Lottery for building a Pier or bason at the Isles of Shoals and said
the Council] tho't the managers appointed by the Act ought to be
under oath, which by the Act they were not oblig'd to : and Pro-
posed that amendment to be made. The House considering the
amendment proposed agreed that it be made, which being made
the Act was sent to the Board again.

[p. 164.] Whereas by the Establishment of the Lawful] money
of this Province the fines Imposed by the Acts & Law r s forcomit-
ting the offences thereby respectively forbidden or neglecting the
duty so en joyn ed become unequal to the true intrinsic value of
the Sum so fixed whereby the meaning & intent of the said Laws
will be mistaken if the said fines or forfeitures should be demanded

(1) See List of Ratable Estates, &c, According to returns as above, under marg. page
218 in this volume.— Ed.

1767.] JOURNAL OF THE HOUSE. 145

& taken in lawful! money according to the nominal Sum, for pre-
venting whereof it is necessary that an authoritative Declaration
should be made of an Equivalent to said lines & forfeitures in
lawful money, Therefore

Resolved & Voted, That the fines & forfeitures mentioned in
the several Acts referr'd to in the Schedule hereto annexed con-
taining five pages be taken in the sums therein set down as an
Equivalent in Lawful mony until a further Provision & direction
be made & given by the General Assembly.

Sent up by Mr. Parker.

Mr. Sec y Brot from the Board the following Resolve, viz.

In Council, Sept. 25 th , 1767.

Whereas the Paper Bills heretofore issued on the Credit of this Province
by the several Acts for issuing the same are to be Redeemed and paid into
the Treasury & Burnt by the 25 th of December next : and whereas there are
some of the several Emissions still extant and passing as a currency, and it
1p. 165.] being expedient to Notify the Possessors of such bills that their
currency will cease and be determined on the said 25 th of December next
and that seasonable Provision may be made for the exchanging the said Bills,

Resolved That the Committee appointed to Draw Bills of Exchange on the
Agent be and hereby are Impowered and Directed to Draw Bills tor Silver
and Gold and for sucb sum or sums as may be necessary for Redeeming all
the said Bills of Credit, and cause all such Silver and Gold to be put into the
Treasury, and that the Treasurer be and hereby is 'impowered and directed
to Exchange the said Silver & Gold for the said Bills in order to their being
burnt agreeable to the several Acts for emitting the same as aforesaid, and
that Notice hereof may be Printed in the New Hampshire Gazette.

T. Atkinson, jun., Sec>.

Which Resolve being consider' d by the House a verbal mes-
sage was sent to the Board by the Clerk to this purpose, viz.
The House apprehend that by their vote of the 15 th of May Last
the Com tee are fully Impowered to Draw Bills for the whole
money at home that they think it best that the sinking the Ster-
ling Bills should be finished first ; That by the last Supply Bill
Provision was made for Exchanging a considerable part of the
Paper Bills, and if that Provision should not prove sufficient it
might afterwards be better ascertained and Remedied than now.

Mr. President, Mr. Nevin and Mr. Warner came from the
Board with the vote for a grant to his Excellency and said that
the Board tho't said vote not sufficient but that it ought to be a
grant by Act and during his administration. That altho' we had
said there was expectation of his having a salary settled from
home, if that should be it would be so guarded by Instructions as
to prevent his Receiving any Reward from Assembly. That a
naked vote of the Assembly could not reach any money in the
Treasury Placed there under the Province Seal and fully appro-
priated. The Council were of opinion it ought to. be by an Act
as it had been for the late Governor so appropriated that he
might have a permanent Salary during his administration.

The House sent a verbal message to the Board by Mr. Parker,,
10

146 PROVINCE OF NEW-HAMPSHIRE. [1767.

Mr. Waldron and the Clerk in Answer to the above message, viz.
The House are disposed to pay all Regard to the things men-
tioned by the Hon blc Council but we are now but a thin House,
many of the members being gone home, and agreeable to the
Rules of their proceeding they could not so properly determine on
those things now.

Saturday Sept. 26, 1767.

[p. 166.] Mr. Pierce bro't from the Board the following Mess*
from his Excellency, viz.

Mr. Speaker and Gentlemen of the Assembly —

As the business more immediately before the Gen 1 Ass" 1 , appears to be
Drawing near a conclusion I have it to Recommend to the Hon 1)le House that
they consider and fix my Establishment being a matter now regularly before
them and equally important to all concerned. From this measure having
been some time since Recommended, I am in expectation that the usual
application of the Hon blc House will soon Determine it in wisdom and
Honor.

J' Wentwobth.
Council Chamber

Sep*. 26th 1767.

[p. 167.] The House adjourned [from day to day] till

Wednesday, Sept. 30 th 1767.

The House resumed the consideration of his Excellency's Mes-
sage Relative to settling his Salary, after which the House came
to the following —

Vote, That the Sum of seven hundred Pounds Lawful money
pr Annum be and hereby is granted to his Excellency John
Wentworth Esq r . the Governor of this Province for his salary
During the time of his continuance in said office to be Drawn by
him out of the Treasury of the Province from the money that
shall be there Raised by the Excise on Spirituous liquors, if suf-
ficient, but if not the Deficiency to be paid out of their money in
the treasury and drawn half yearly, And that the Excise for the
future be farmed out or Collectors appointed as the Governor,
Council and Assembly shall order: Unless provision for the Pay-
ment of the said salary is or shall be made by Parliament or
otherways in Great Britain, and that an Act be drawn and Pass'd
for this purpose before the foregoing Vote was sent up.

[p. 168.] A message was sent to the Board by the Clerk to
Desire to withdraw the vote sent to the Board for his Excel-
lency's Salary for one year as the House had Pass'd a vote for
setling his Salary.

1767.] JOURNAL OF THE HOUSE. 147

The vote for setling his Excellency's Salary was sent to the
Board by the Clerk with a message that the House expected the
vote for his allowance for one year to be Retnrn'd.

P. M.

Mr. President Col Warner and Mr. Sec y came from the Board
with the vote of the House for setling his Excellency's Salary and
prepared some amendments to be made in the form of the Expres-
sion relative to the Salary being setled from home and for ascer-
taining- what the Excise is to be.

Thursday Oct 1 ' 1 st 1767.

The House took into consideration the vote of the House of yes-
terday bro't from the Board and after consideration thereof the
House made the first alteration proposed by the Council and the
vote was sent up to the Board again.

The House taking under further consideration the affair of set-
ling the Governor's Salary it was moved to be put to vote whether
the House would pass the vote for setling his Excy s Salary leaving
out the clause for a Com tec to be chosen by the Gen 1 Ass m to farm
the Excise, which motion being considered and Debated it was
put to vote and it passed in y e negative.

[p. 169.] P. M.

A motion was made for Reconsidering the vote respecting the
Governor's salary which was put in the forenoon and passed in the
Negative, which motion being considered it was put to vote
whether the House would Reconsider said vote and it passed in
the affirmative.

The matter being further Debated whether the vote for setling
the Governor's Salary leaving out the clause for a Com tte to be
chosen by the Governor Councill and Assembly to farm the Excise
should pass or not, it was put to vote and Passed in the Negative :
.and a verbal message was sent to inform his Excellency that the
House could not see their way clear to pass such a vote.

[p. 170.] Saturday Oct 1 3 d , 1767.

Mr. Livius, Mr. Pierce and Mr. Rindge came from the Board
with the Act for Establishing a Table of Fees and Inform'd the
House that the Council could not Pass the Act as it now stood,
That they tho't it would be best that it should be properly pre-
pared in the Recess of the Court and recommended the choosing
a Com tee of both Houses for this purpose and left the Act in the
House, (a).

148 PKOVINCE OF NEW- HAMPSHIRE. 1 1767.

(a) Votes, ace ts , bills &c. passed by the House and concurred by Council
from Aug. 18 th to Oct 2' 1 1767.

Jour. C. &• Assent.

Petition of Elizabeth Moul ton's for relief, &c. granted.

Petition of Inhabitants of New Ipswich for committee to locate a meeting
house.

Petition of James Kelsey for liberty to rile a complaint at Sup r Court.

Petition of Ichabod Denbo for liberty to revive a suit — granted.

Petition of Sam 1 Elliott for allowance — dismissed.

Petition of John Tibbetts, to renew action at Inf 1 ' Court — granted.

Petition of Annas Camell — dismissed.

Petition of Inhabitants of westerly part of Plaistow to form a new Parish —
granted.

James Dwyer ace 1 for Expresses, allowed 508 in full.

Petition of Stephen Thing to make partition of certain land — granted.

Bill to dissolve the marriage of Win. Barrell with Martha Langdon.

Bill for regulating the management of swine.

Petition of John Tucker for liberty to bring forward a complaint, etc.

Bill for relief of Prisoners for debt — passed.

Bill for relief of Idiots and distracted persons — passed.

Major Titcomb allowed, for sundry inlistments, £19: 10.

Petition of George Jackman jun. and Thomas Carter of Boscawen to col-
lect money, etc. — granted.

Bill for settlement of Estate of Aaron Davis, Moses Davis & Deliverance
Davis among heirs.

Ace 1 of Daniel Pierce, allowed £16: 12: 6 for Books.

Petition of Thomas Tash and Thomas Chester to promote settlement of
New Durham.

Petition of Ann Ross on account of difficulties with her husband — hear-
ing deferred.

Petition of Moses Barron and Win. Peabody respecting lands in Amherst —
hearing granted.

Bill for a Lottery at Isles of Shoals for building a pier <fcc.

Petition of Thomas Marden & others to be polled off to Rye — disallowed
by Council.

Petition of Nathan ltowe, a debtor to the Province, for time to discharge
the debt — granted one year.

Ace 1 of Capt. Michael Purcell for expenses in the case of John Swinson.
allowed £50 Proc. money.

Mr. Sec y came into the House and by his Excellency* Direction
adjourned the Gen 1 Ass" 1 to Tuesday the 15 th day of DecemV
next at ten o'clock in the forenoon.

Att*. M.Weare, Clk.

1767.

JOURNAL OF THE HOUSE.

-149

List of members according to certificate of attendance, by the
Clerk, from July 1, to Oct. 3, 1767.

Exeter,
Portsmouth

Hampton

Hampton Falls,

Dover

Exeter,
New Castle
&
Eye,
Kingston,
Newington,
Strath am,
Londonderry,
Greenland,
Durham,
Newmarket,
South Hampton.
Chester,

PI as tow

&
Hampstead
Salem

&
Pelham

Summers worth,
Holies

&
Dunstable
Merrimack

&
Monson
Nottingham

&
Litchfield
Kensington,
Rochester,
Barrington,
Amherst

&
Bedford

Hon ble Peter Gilman, Esq.
C William Parker, Esq.
( Mr. John Sherburne
( Mr. Jacob Sheafe
j Col Jona. Moulton, Esq.
I Chris t0 Toppan, Esq.

Meshech Weare, Esq.
( Tho s W k Waldron, Esq.
I Capt. Howard Henderson

Capt. John Giddings

{ Thos. Bell, Esq.

I Richard Jenness, 3 d Esq.

Josiah Bartlett, Esq.
Maj 1 ' Rich' 1 Downing, Esq.
And r Wiggin, Esq.
Col° Sam 1 Barr, Esq.
Col Clem* March, Esq.
Doc 1- Eben 1- Thompson
Lt. John Burley
Capt. Eliphalet Merrill
John Webster, Esq.

< Capt. John Carlton

} Maj. Joseph Wright

Col John Wentworth
| Doc 1 John Hale

< Capt. John Chamberlin

) James Underwood, Esq.

Capt. Ezekiel Worthen
Dea. James Knowles
Mr. Jon a Church

\ Col° John Goffe

Days Attendance.
44
41
43
44
21
36
45
44
26
27

37
46

45
40
27
42
44

43
33

20
30

44
38
30

Mem 1 '. Esq r Underwood to be allow'd one day service travil 30 miles,
besides travil to Court.
Col Goffe for Do.

Capt. Waldron & Col° Wentworth to be allowed each one day travil.
€ol° Hale to be allowed a travil between the 26 th & 28 th of Sept.

150' PROVINCE OF NEW-HAMPSHIRE. [1768.

[p. 185.] A J our nail of the House of Representatives of his
Majesty 's Province of New Hampshire at a Session held Feb.
10$A 1768, Inj adjournment.

Wednesday Feb- V 10 th 17(38.
Met and adjourned, till

Thursday Feb* 11 th 1768.

A message was sent to his Excellency by Col" Goffe, Mr.
Sheafe and the Clerk, to inform him there was a Quorum of
the House met, who made return that they had Deliver'd the
message.

The President of the Council bro't down from the Board the
following Report of the Com tee for telling money in the Treasury
to be burnt, viz.

Province of New Haraps 1 Feb? 8 th 1768.

The Com tte appointed by vote of the Gen 1 Assembly to tell over and
.Receive from the Treasurer Such Sums as might be in the Treasury to be
burnt agreeable to the Several Acts for Emitting the Same have accordingly
accompted and Received from Mr. Treasurer Jaffrey the following sums, viz.

Of the 1 st Emission £7:12:

2* 1 5 : 15 : 10 1-2

3 d 4: 2: 7 1-2

4 t}1 71: 7: 10 12

!V» 94: 2: G

<)"' 488: 1: G

7 th 725: 9: G 1-2

s l " 1607: 4: 10 1-2

9"' 2407: 11: 10 1-2

Sterling for Bills of Exchange.

I p. 186.1 We have also Received in Canada and Crown Point Bill*
Received by the Treasurer as Tax for the year 17GG four thousand six
hundred twenty six Pounds seven shillings & six pence new Tenor; also five
hundred and ninety eight Pounds twelve shillings & Nine Pence New Tenor
as arrearages. We have also Received in Sterling Bills for arrearages of taxes
twenty seven Pounds six shillings & nine Pence Sterling: all which suras we
have locked up in the Province Strong Box and now waits the order of the
Gen 1 Assembly.

Tho* Atkinson )
John Sherburne / Com'"
Jacob Sheafe )

Mr. President also moved to the House That a Com u "' might be
chosen to examine the Agents acco ts and the acco tf! of the Com 1 "
for drawing Bills on the agent &c.

The House considering the motion for choosing a Com 1 "
Voted That Christopher Toppan Ksq. Mr. Jacob Sheafe and
Capt. John Giddings be a Coin' 1 ' of this House to joyn with such
as maybe appointed by the lion 1 ' 1 "' the Council to examine the
aeco ts of the Agent for this Province at the Court of Great Brit-
ain, and also the accompts of the Com"' for drawing Bills on the

1768.] JOURNAL OF THE HOUSE. * 151

Province agent and make Report to the General Assembly as-
soon as may be. Sent up by Dea. Knowles. [Concurred, and
the Hon ble Peter Livius, Jon a. Warner & Daniel Rindge, Esqs
joined.]

Journ. C. & Assm, Feb. 10 th 1768. The petition of Colonel Joseph Spen-
cer et alii Inhabitants of the upper & great Cohoss and sundry other places
in this Province, Praying a road may be cut from New Holderness or Moul-
tonboro' thro' the Woods to the upper Cohoss aforesaid, &c. Read and sent
down.

Mr. Secretary brot from the Board the Petition of David Page
and others Praying that a Com tee may be appointed to Lay out a
Road to the upper Cohoss at the Publick Expence &c.

[p. 187.] Frydry Feb* 12 th 1768.

Mr. Sec y bro't from his Excellency the governor the order from
his Majesty in Councill for Repealing an Act of this Province
Entituled " An Act for ascertaining what Places may send Repre-
sentatives to the Gen 1 Assembly."

[p. 188.] Saturday Feb^ 13 th 1768.

Prov. of N. Hamp r . Feb. 13 th , 1767, in the House of Repre-
sentatives The House having taken under consideration the
Petition of Daniel Jones in behalf of the Town of Hinsdale in
this Province Representing that part of said Town by his Maj-
esty's late order had fallen into the Province of New York &
thereby near half of the Polls & Rateable Estates of said Town
were now in that Province by which the whole of the Province
Tax fell upon that part of said Town which remained in this
Province and praying that so much of the said Tax might be
remitted as would have been paid by the Polls & Estates so taken
[p. 189.] off from said Town, and appointed a Committee to
examine the affair find that for the cause aforesaid there ought to
be remitted to said Town the sum of Two pounds six shillings
lawful money & thirteen pounds sixteen shillings New" Tenor bills
-of Credit of said Province — their Prov e Tax for the year 1765, —
the sum of two pounds fourteen shillings & six pence Lawfull
money, the sum of eleven pounds thirteen shillings & six pence
new Tenor for the year 1766, and the sum of three pounds four-
teen shillings & three pence Lawfull money for the year 1767,
which having been considered therefore,

Voted That the said several sums be allow'd remitted & Dis-
counted with the said Town of Hinsdale of which the Treasurer
of this Province is to take due notice & settle with the said Town

15*2 PROVINCE OF NEW-HAMPSHIRE.

IT-.

accordingly, which shall be allowed to him in his account with
the Province; And further as it appears that the proportion of
Rateable Estate & Polls so taken off from said Town is two-fifths,
therefore it is considered & ordered that the Treasurer in issuing
his future wan-ant- observe the same <fc conform the same accord-
ingly till a new proportion shall be made, Sent up by Col
Moulton. [Concurr'd.]

Upon reading the Petition of Moses Baron, William Peabody,
Collectors for the Proprietors of Souhegau West, Num' 3, lately
so called, Now Amherst — It appearing that the several matters
set forth in (he Petition and with which they are connected are
numerous tfc too tedious to be examined in this House, and many
matters of evidence not to be had here, and it may be necessary
to have recourse to the Records at Amherst, Therefore Ordered
that all the aforesaid matters and things be referred to Jonathan
Lovewell, Edward Goldston Lutwich Esq" and .Mr. Samuel
Pattin to examine and fully stale the ease as they shall find it
upon considering all the evidence that shall be produced by the
Petitioners and any concern'd in support of the Petition or in
answer to it, and present such state to the gen 1 assm. as soon as
may be.

The Petition with a copy of the above vote was delivered to

the Petitioners,

Tuesday, Feb* 16 th 17HS.

[p. 190.] Province of ) In the House of Representatives,
New Hamp r f Feb 16 th 1768.

Whereas by a Clause in the last supply Bill there was granted
the sum of four hundred pounds to Redeem the Kills of Credit
then outstanding, which proves insufficient: Therefore.

Voted That the Treasurer of this Province be and hereby is
authorized to receive any further sum of said Hills that shall be
offered and duly Bro't into the Treasury which shall be allowM to
him in his next accompt with the Province. Sent up by Maj.
Wright. [Concurred.]

Thursday. Feb. 18 th L7-6S.

[r. L92.] The Petition of sundry persons for a road to be
looked out etc. to the upper Cohoss was read ami ordered to lay
for further consideration. Adjourned, till

Fryday, Feb* 19 th L768.

Mi'. Speaker laid before the House a Letter he Received from
the Speaker of the House o\ Representatives of the Province of

■HI

1768.J JOURNAL OF THE HOUSE. 153

the Massachusetts Bay, respecting measures proper to be taken at
this critical time — which was read, and is on tile. (1)

[p. 193.] The Committee appointed to Determine the most
suitable Place for Erecting a meeting house in the Town of
Ipswich make Report, That the Place where the meeting house
now is in said Town is the best situation for it to be continued in,
will best accommodate the Town and be most agreeable to the
greatest part of the Inhabitants : which Report being considered,

Voted, That it be accepted and the place for setting the meeting
House in said Ipswich established agreeable thereto: And further
Voted, That the accompt of said Com tee for their time and ex-
pense in that business amounting to three Pounds sixteen shillings
Law 1 Money be allowed and paid them by the Selectmen of said
Ipswich who are directed to assess the Inhabitants for the same,
Sent, up by Doc r Bartlett. [Concurred.]

Mr. Livius bro'tfrom the Board the ace 1 of the Com tee for Draw-
ing on the agent in London, with the Report of the Com tee for
Examining the same as follows, viz.

TheCom tee charge themselves with the amount of sundry Bills of Exchange
Drawn by them on the Agent Trecothick agreeable to the Acts and Orders of
the Gen 1 xlssembly Between the 14 th day of May 1767 and the 3 d day of Feb v
1768 £5034:5:0

The said Com t0f ' Discharge themselves by the folio wing articles, viz.

By sundry Parcells of Sterling Bills of Credit at Sundry times
Paid into the Treasury as bv ace* of Particulars marked A &
B. herewith Bender' d, amo' to £2843:. 0:11

By Do. paid Do. in silver and gold as articled in the said Ace 1
of Particulars & in A & B. " £819 : 7:0

[p, 194.] By Do, as part of the arrearages due to Benning
Wentworth Esq. of sterling Bills by him deposited in the
Treasury before the last settlem* for ace' of Particulars 77: 14: 8

By Do. supply' d the Treasury to enable him to comply with
the votes of Assembly in Discharging two separate votes of
the Assembly for different allowances made his Exc v the Go v
as pr Acc c A. 800 : 5 :

By Do. Bills of Exchange in favour of Benning Wentworth,
Esq. his Ballance of the Bills paid by him into the Treasury
before the late settlement of Acc ts as pr Ace* of Particulars
marked B 157 : 19 :4

By Interest allow' d the Possessors of the said Bills on the said
S (i several sums paid into the Treasurv and in Pursuance
thereof 335 : 18 : 1

Errors excepted this 19 th Feb v 1768

Pr. The 1 Atkinson, Chairman.
| vouched for by Committee.]

£5034: 5:0

(1) This letter cannot now be found.

•

154 PROVINCE OF NEW-HAMPSHIRE. [17B&.

Fryday Feb* 19 th 17G8. p. m.

'{'he house this Day took under consideration the vote of the
Hon ble his Majesty's Council! of the 23 d of Sep r Last concurring
in part with the vote of the H6use of the 19 th of the same month
accepting the Report of a Committee of both Houses Relating to
[p. 195.] the Division of the Province into three Counties, the
Boundaries of those Counties with the times and Places of hold-
ing the several Courts of Justice in each : which vote had been
past over thro' hurry and mistake. The House observe with Re-
grett the non-concurrence aforesaid and suppose the Reason given
for it in the vote is taken from a Paragraph in the Governor's
Commission authorizing him with the advise and consent of Coun-
cill to erect, constitute and establish such and so many Courts of
Judicature and Public Justice within our said Province and Plan-
tation as he with the advise aforesaid shall think fit and necessarj
for the hearing and Determining of all Causes as well Criminal as
Civil &c. As the House would be far from infringing on the Pre-
rogative of the Crown or opposing any Powers Legally vested in
his Excellency our Governor whom they highly esteem and honor ;
so they would hope and believe the Hon bit Councill would be as
far from a Design or Desire to extend the Prerogative beyond
the Legal Limitations (which in most cases are well ascertained)
to Diminish the Just liberties and Privileges of the People, or to
introduce any approaches toward the appearance of a Dispensing
power, or superseding the Laws of the Province : As then this i*
a Point which now falls fairly under consideration the House
would freely discuss the matter that it may be settled in a Legal
and Constitutional form :

The Paragraph to which we Refer in the Commission wai
inserted in the first Commission for Erecting a Government in
this Province, and from the exigency of affairs was then abso-
lutely necessary till a Legal Establishment of Couits of Justice
should take place ; and tho' perhaps the same Paragraph has been
inserted in all the succeeding Commissions, yet such a power has
never been exercised by any Governor of this Province since the
Laws now in force were passed for holding the said Courts in the
town of Portsmouth and Regulating their proceedings. In the
year 1730 three of the Inferior Courts were removed from
Portsmouth, one to Exeter, one to Dover, one to Hampton, and
but one held at Portsmouth, but this was done by an Act Passed
for that purpose; and tho 5 that Law after about five years Prac-
tise upon it was Disallowed, it was not because those Courts were
Removed by Act of Assembly. The Governor in the chair when
that Act passed was full as carefull of the Prerogative as his
Duty required, but fie never conceived it to be an Invasion of the-
Right of the Crown that the Assembly should have a Voice in a
Virtual Repeal of the Act which had before fixed those Courts at
Portsmouth: nor was the said Paragraph ever understood U

1768.1 JOURNAL OF THE HOUSE. 155

operate after such a Legal Establishment as aforesaid. Since the
year 1730 four or five Acts of Assembly have been pass'd for
altering the times of the sitting of Courts in this Province, and
[p. 196.] we think it to be plain that the words Erect, Constitute
and Establish, have here an original signification of fixing those
Courts in the first instance. The House is confirmed in this
opinion by Considering that they are at present fixed at Ports-
mouth by Law, which before they can be Legally Removed must
be superseded ; that this Law has been in force above sixty years
(Except the five years aforesaid) and cannot be altered but by
the same authority which gave it being, without subverting in
this instance the Constitution of Government; And' we appre-
hend the doing it by any other authority would be to assume
a Power of Dispensing with that Law. Further the House
understood the words under consideration in the same limited
sense as the words in another Paragraph of the Commission have
been &> ought to be understood, viz. Where the Governor has a
Power to Erect Cities, Burroughs, Towns &c That is where there
were none before or none under a Legal Incorporation, and
taking the words in this sense there is no ground for an accusa-
tion of Invading the Prerogative ; nor for any complaint on the
contrary of infringing on the Rights of the People. That there
is no material difference between the Right and Claim of a
Prerogative to fix the times and Places of holding Courts in a
New County, and of Erecting and Finishing the whole by the
same Power. Wherefore as the House apprehend this is an
interesting affair to their constituents, nearly affects the adminis-
tration of Justice (especially as to the Places) and on which their
property in a great measure Depends they conceive themselves in
Duty bound to Endeavor to maintain the Priviledge of a voice
herein and think that their silence would be in effect Deserting
the the Interest of those they Represent. They think it also
observable that as far as they can at present Discover the same
Power is contained in Commissions for other Governments, yet
New Counties have always been erected by Acts of the whole
Legislature. Wherefore the House apprehend it to be their Duty
to adhere to their former vote. Sent up by Col Wentworth. (a)

(a) Jour. C. & Assem. Feby 23 d 1768. The Board took under considera-
tion the message from the House entered the 20 th Inst, relative to their right
to a voice in the appointment of the Courts in this Province, which message
was sent up in consequence of the Votes of the House which were non-
concurred by the Council the 23 d September last, Upon which the following
Questions were put in Council, viz.

(1) Whether the Board concurred with the s d message — and it Pass'd in
the Negative.

(2 di - v ) Whether they would adhere to their former vote — & it Pass'd in the
affirmative.

156 PROVINCE OF NEW-HAMPSHIRE. [1768.

Saturday, Feb* -20 th 1768.

[p. 197.] A message was sent to the Board by Mr. Toppan to
Enquire whether the vote for the Treasurer to Reeeive Bills of
Credit was concurred by y e Councill.

Mr. Livius and Mr. Rindge came from the Board with a verball
message, That the Councill apprehended if that vote passed there
would be a Deficiency in the Treasury for sinking them or paying
t lie contingencies of the Govermn' which should be provided for;
and left the vote for the consideration of the House. The House
took the same into consideration "and sent up the vote to the
Councill with a verbal message by Mr. Parker And the Clerk
giving the Reasons why the House apprehended there would be
sufficiency in the Treasury.

[p. L98.] Tuesday Feb- V 23 d 17t>s.

• The President of the Council and Mr. Rindge came into the
House and said in answer to a message from the House on Satur-
day last Respecting the vote for the Treasurer's Receiving Paper
Bills: The Councill were willing for the vote but were appre-
hensive that there might be a Deficiency in the Treasury for to
answer the demands that were intended to be Provided for and
sinking so much as may be bro't in in Bills and proposed that,
That the Treasurer should be Enabled in case it should be neces-
sary to Issue Notes upon Interest to be Redeemed by the Prov-
ince, <fec.

In answer to which message, a message was sent to the Board
by the Clerk, Col Goffe, Col° Hale & Doc r Bartlett to inform the
Councill That the House are Disposed to Do what may be neces-
sary in that affair: They apprehend that knowing the state of the
Treasury will be a help in judging of that matter, and as soon as
that is known the House will take the Councill's message under
consideration, and act what shall appear best.

[p. L99.] Wednesday Feb* 24 th L768.

Mr. King Dep 3 Sec' bro't from the Councill the vote ot this
House of the 18 th instant Respecting the Right of the House to
have :i voice in setling the times and Places for holding the timet
of holding the Courts in the several Counties, with the following
vote of Council thereon, viz.

In Council. Feb* 2:J (1 17t>S

Read and concurred, and Resolved that the Council adhere to their former

vote of the 23 d of Sep' 1707.

T. Atkinson, jun r Sec v .

1768.] JOURNAL OF THE HOUSE. 157

Thursday, Feb- V 25 th 1768.

Whereas the House by their vote of the 16 th Instant author-
ized the Treasurer of this Province to Receive any and as many
of the Bills of Credit of this Province as should be regularly
Bro't to him by any Constable or Collector as part of the Prov-
ince Taxes for the currant year which it has been tho't could not
be so taken without danger that the Treasury would be exhausted
by the Demands to be satisfied this year, as the said Bills must be
now Sunk : But as the House are willing to make the necessary
supplys and think there is no Danger of Drawing out all the
{p. 200.] money in the Treasury before such supplys may be
granted, and Refusing said Bills in the mean time in the Treasury
may be heartfull to the People of the Province, Therefore

Voted, That the Council be requested to consider of and con-
cur the said vote to Prevent the Damage which may otherwise
Intervene. Sent up by Mr. Parker, Col° Hale & Capt. Merrill.

Fryday, Feb* 26, 1768.

Mr. Speaker laid before the House an answer prepared to be
sent to the Speaker of the Assembly of the Province of the
Mass a Bay to the Letter sent by them to this House and Com-
municated by the Speaker on the 19 th , which being read and con-
sidered, .

[p. 201.] Voted, That it be signed by the Speaker in behalf of
the House and sent to the Speaker of the House of Representa-
tives of the Province of the Mass" Bav. Copv of which is on
file.(l)

P. M.

Mr. President of the Councill & Mr. Jaftrey came from the
Board and inform'd the House That the vote for the Treasurer's
Receiving Bills of Credit into the Treasury from the Constables
was concur'd by the Councill, which the Council had concur'd in
expectation that the House would make the necessary Provision
for sinking said Bills, and also sterling Bills that may be bro't to
the Treasury, and whatever was necessary for finishing the set-
tlem* of outstanding Bills and also Sterling Bills that may be
bro't to the Treasury, and whatever was necessary for finishing
the settlem 1 of outstanding Bills Also Inform'd the House that
the Vote for a Com te " for settling the Treasurer's acc tg and to find
what Bills may be outstanding &c. was concur'd.

(1) This letter cannot be found.— Ed.

158 PROVINCE OF NEW-HAMPSHIRE. 11768.

Saturday, Feb. 27, 1768.

[p. 202. 1 Upon reading and considering the petition of
James White and Samuel Kimball both of Atkinson in said
Province with several others to have leave to poll of from said
parish of Atkinson to the parish or town of Plaistow both the
.polls and Estates, after a full hearing of the parties concerned
and duly considering all circumstances,

Resolved and voted that two of the Petitioners only, viz, James
White and Sam 1 Kimball have liberty to poll off from said Atkin-
son to Plaistow afores d with their familys & Estates both real and
personal, and shall hereafter be estimated, taken & adjudged to
be part of & Belong to the said town of Plaistow, & shall be
adjudged liable & liable & subject to all Duties Taxes and orders
of said Town as much [is and in the same manner as other inhabi-
tants of said town in proportion to their estates. Sent up by
Capt. Worthen. [Concurred.] (a)

(a) Petitions, votes, aeets, &c. passed in the house concurred by Council
from Feb. 10 th to Feb- V 29, 1768.

Petition of inhabitants of Madbury, to become a parish. Leave to bring
In a bill.

Petition of Widow John Can* and children for division of estate. Leave
to bring in a bill.

Petition of inhabitants of New Hopkinton, for a tax on non-residents —
leave to bring in a Bill.

Petition of James McHard, for allowance for escape of Aaron French, a
prisoner, who owed him £38 : £ : 8. Granted.

Petition of David McGregore for allowance of £28:4:9 & of £2: 12:2 cost,
for escape of Aaron French from prison — granted.

Petition of inhabitants of Hampstead for liberty to collect an assessment,
•&C. granted a hearing.

Kochester petition lor tax on non-residents — a hearing granted.

Hampton Falls petition to be set off as a distinct parish, granted.

Petition for a road from Durham Point to Durham Falls — hearing granted.

Samuel Gilman, petition for dividing real estate of the late Sarah Phillips
among the heirs, <£rc. — leave to bring in a bill.

[p. 203.] Tuesday March 1 st 17(58.

Mr. Livius came from the Board and brot down the act for
Establishing fees and informed the house that his Exc y the Gov-
ernor Proposed some alteration in the Title and Preamble and
left a minit of the alteration which he said would be agreeable to
the Gov' and the Council.

He also [nform'd the House that his Excellency tho't it would
be best to Leave out the Naval officers fees as they were Regu-
lated by Act of Parliament he tho't it best no mention should be
made of them in this Act.

1768. J JOURNAL OF THE HOUSE. 159

It was put to vote whether the House would make the altera-
tion proposed in the Title and Preamble of the Act above men-
tioned, and it pass'd in the affirmative.

It was also put to vote whether the Naval officers fees should
be continued as they now stand in the Act, And it passed in the
affirmative.

[p. 204.] Wednesday March 2 d 1768.

A motion was made for the House to Reconsider their deter-
mination of yesterday Respecting the article of the Naval officers
fees in the Act for Establishing Fees, which being put to vote
whether said Paragraph should be erased and the Act sent up
again, and it passed in the affirmative.

Accordingly, the paragraph was erased, and the date of the act
altered to this day, and sent up to the Board by Mr. Toppan, Mr.
Bartlett and Mr. Carlton.

fAcc 1 of the Treasurer, Geo. Jaffrey Esq. Audited, and ap-
proved. («)]

(a) Jour. C. & Assm. March 1 st 1768. His Excellency gave his consent to
the Bill entitled an Act to enable any Plaintiff in review of an action ag st a
person not an Inhabitant nor having any Estate in this Province which can
be come at to he attached to serve the writ on the attorney or agent of the
Defendant named in such writ.

Thursday March 3 d , 1768.

[p. 205.] Upon reading the Petition of Samuel Hun toon of
Nottingham in said Province, yeoman, setting forth that he mar-
ried Margaret formerly the widow of Matthew Neeley Late of
said Nottingham yeoman Deceas'd Intestate leaving several chil-
dren. That she had administered the same and caused the
Residue after payment of debts &c. to be distributed and divided
as the Law directs, But had made sundry debts originally Due
from the Intestate her own by giving her own security while she
was sole to the Creditor, who thereupon discharged said Estate :
That by the death of one of said children Intestate without issue
after the Division the part set off to said child came to her the
said Margaret t, which she a little before her marriage with the
Petitioner conveyed to her two surviving sons Reserving to her-
self the use thereof during life : That lately a large Demand had
[p. 206.] been made on the Petitioner for one of the Debts trans-
ferred as aforesaid, and therefore he prayed that he might be
allowed to Dispose of the Land so convey'd or that it might be
so convey'd as to be in the power of the Petitioner and his wife
to Dispose thereof, to Raise the money for that purpose, of which
Petition the said sons had a notice and liberty to be heard thereon,

lt)0 PBOVINCE OF NEW-HAMPSHIRE. [1768.

and their guardian, they being both minors, on their behalf agreed
to pa.y said Debts so transferred in case the petitioner would
convey to them the said minors, the possession of the land so
Reserved, and Release and convey all claim thereto by virtue of
the said* Reservation, which the Petitioner and his said wife might
have, which agreement being accepted the said guardian moved
that he might be authorized to sell so much of said land as there
may be a Necessity of Doing to Discharge any such Debts and
Procure the immediate Possession and Profit of said Land to his
wards use, and Preserve the timber thereon from waste and
destruction, as well as save the Remainder for their benefit — all
which appraisal to be just and acquitable, therefore

Resolved and voted, That the said guardian viz. Joseph Sias.
Ks(|', be and hereby is authorized and Impowered to take a valid
conveyance of the Right in said Land of said petitioner and his
wife, to his wards in fee, that he give security to indemnify the
Petitioner against any future and Present Demands for any the
said transferred Debts, and also that the said Guardian in case of
such necessity of selling such part of his said wards Land as
aforesaid and making that appear to the Judge of Probate of
Wills for said Province, The said Guardian by the License of said
Judge (which he is hereby authorized to grant) may proceed and
sell so much of the said land or any other in which his said
Wards are interested as will be of the least prejudice to the
Remaining part of their Estate, and the said guardian is hereby
authorized to Execute a good Deed or Deeds as there may be
occasion, and the said Guardian is hereby ordered to render his
account in Due form of his proceedings herein as the Law directs
in other cases. Sent up by Capt. Merrill. [Concurred.]

P. M.

A motion was made for the Mouse to take under consideration
some new Plan of dividing the Province into Counties, and after
Debating on said motion, the house adjourned till to-morrow 9
o'clock.

[p. l>07.] Fryday March 4 th , 1708, a. m.

The House took under consideration the motion made yester-
day Relative to Dividing the Province into Counties, and after
Debate thereon came to the following vote, viz.

Whereas there has been some Essays to Divide this Province
into Counties which have not been agreed to and taken place,
and as this House apprehend that the Division of the Province
into counties in some form suited to the situation of the inhabit-
ants is now become absolutely necessary not only to Relieve a
great part of the People under a Burthen almost insupportable,
but also to the Due and Regular Administration of Justice by

1768.| JOURNAL OF THE HOUSE., 161

accommodating the Places for holding Courts of Justice to the
situation of suitors, The House judge it their duty to attempt all
uieaus in their power and within their sphere to effect a matter so
interesting to those they Represent and to carry such a Desirable
scheme into Execution, Therefore

Voted, That this Province be Divided into four Counties, the
Dividing lines to be as follows ; viz.

For the first County to begin at the mouth of Hampton River
by the Sea, from thence up said River to the mouth of the Falls
River so called, then following the Dividing line between Hamp-
ton and Hampton Falls to the corner Bound of Hampton, Exeter
and Stratham, then following the Dividing line between Exeter
and Stratham to Exeter River, then down said River to the
Dividing line between New Markett and Durham, then following
the Line between New Markett and Durham and between Dur-
ham & Nottingham and between Nottingham and Barrington
and between Chichester and Barnstead, and between Gilmantown
and Canterbury to Winipiseoke River, then down said river to
the mouth of Pemigawassett River, and up said River to Bakers
River, and up the same to the head of the South Branch thereof
then on a strait line to Connecticut River on the South side of
the Town of Orford, — all that part of the Province which lyeth
to the Northeastward or Northward of the above line to be the
first County, and if any Township is divided by Pemigawassett
or Bakers River, the whole Township so divided to belong- to the
first county.

[p. 208.] The Second County to begin at the mouth of Hamp-
ton River aforesaid by the Sea, thence following the line of the
first County to the mouth of Pemigawassett River, thence down
Merrimack River to the Dividing line between this Province and
the Province of the Massachusetts Bay, thence Easterly following
said dividing Line to the Sea, then by the Sea to Hampton
River's mouth, all the lands included within said Lines together
with all that part of the Town of Bow which is on the West-
ward side of Merrimack River, Saving the Towns of Notting-
ham West, Litchfield & Derryfield, to be the Second County.

The Bounds of the third County to begin at Merrimack River
at the Dividing Line between this Province and the Province of
the Massachusetts Bay, then Westerly by said Dividing Line
until it comes so far West that a North Line will pass over the
Height of the grand Monadnock Mountain so called, thence
North by a Line passing over the Height of said Mountain to
the Line on the Southerly side of the first County, then Easterly
by said Line to Merrimack River, then down said River to the
Province Line where the same crosses said River & all the Lands
included within said Lines saving the part of Bow which is fixed
to the second county, together with the three Towns of Notting-
ham West, Litchfield &, Derryfield to be the third county.

162 PROVINCE OF NEW-HAMPSHIRE. [1768.

The fourth County to Bound Easterly by the Westerly Line of
the third County, Southerly by the Dividing Line between this
Province and the Province of the Massachusetts Bay, Westerly
by Connecticut River and Northerly by part of the first County.

The several Courts in each County to be held in such Places as
will best accommodate the Respective Inhabitants. Sent up by
Capt. Giddings.(a)

(a) Jour. C. & Assm. Mar 4, 1768. Three members bro't up a vote of the
House for dividing the Province into 4 Countys in manner therein expressed.
Read & nonconcurred unanimously, & resolved that the Council adhere to
their resolve of the 23 d of September last.

Fryday March 4, 1768, p. m.

[p. 210.] The Petition of the Inhabitants of New Boston,
Praying to be Enabled to Exchange the minister & School Lotts
in said Town was bro't from the Board by Mr. King, which being
* considered and appearing Reasonable,

Voted, that the Prayer of the Petition be granted and thai the
Petitioners have leave to bring in a Bill or Resolve for Establish-
ing the same accordingly. Sent up by Mr. Jenness. [Concurred
& assented to by the Governor.]

Monday March 7 th , 1768.

The Petition of sundry Inhabitants of New Boston was this
day again taken under consideration, by which it is represented
that where the Lotts were severed belonging to the Respective
Shares of the Proprietors of said Township the Lott No. 61, was
drawn to the share appropriated to the use of the first settled
minister and his heirs forever: And the Lott No. 53 was drawn
to the share appropriated to the use of the School, which might
be changed greatly to the advantage of the first minister which
was now likely to settle in said town whom they were desirous to
Incourage.(l) They therefore pray'd that they might be author-
ized to make said Exchange and that the votes they had passed
for that purpose be confirmed. And it appearing that y' setling
of a minister of the Gospel in any new Township to his and the
People's satisfaction tends much to the Increase of Inhabitants

(l)Thc first minister of New Boston was Rev. Solomon Moor, a native of Now town.
Liniavady, in Ireland, who received Ins education at Glasgow in Scotland, and studied
Theology with Professor Leechman of that University. He was licensed to preach, July
26, 1762, and a few years after came to this country. In Fehruarv, 1767, he arrived at
New Boston, and was ordained Sept. 6, 1768, died Ma; 28, 1803. aged H7. A~. H. Gaz.
1823.— Ed.

176&J JOURNAL OF THE HOUSE. 163

[p. 211.] and y e prosperity of such Town, Therefore it is consid-
ered and hereby

Resolved and Voted, That the votes of the said Inhabitants for
making said Exchange be and hereby are confirmed for this pur-
pose, and that the Lott No. 61, in second Division in said Town-
ship be & hereby shall be adjudged taken and held as part of the
share of Land there belonging to said School Right an-d share,
and the Lott No. 53 in the said Division in said Township shall
be adjudged taken and held as part of the share and Right appro-
priated and belonging to the first minister of the Gospel in said
Township, Each of said Lotts so to be adjudged taken & held to
be given granted and so appropriated in Exchange for the other,
to be held to & for the respective uses aforesaid forever. Sent up
by Col Barr. [Concurred and assented to by the Gove -nor.]

[p. 212.] Thursday March 10 th 1768, p. m.

Whereas a Number of the Inhabitants of Hampton falls have
Liberty by the votes of the Gen 1 Ass m to be set off as a Distinct
Parish, the Dividing Line between the Old Parish and the New
to be setled by a Coin tee to be appointed by the General Assem-
bly, and have moved for such a Com tee to be appointed.

'[p. 213.] Voted that Josiah Bartlett Esq 1 ', Doc r John Gicldings
and Doc r Ebenezer Thompson be the Com tee to settle the Dividing
Line above mention'd and make Report to the Gen 1 Assembly as
soon as may be. Sent up by Capt. Merrill. [Concurred and
assented to by the Governor.]

Fryday, March 11 th 1768, p. m.

The Com tee for Receiving his Exc y the Gov 1 when he came first
to the Province, laid their ace* before the House, which being
consider'd,

Voted That said ace 1 amounting to one hundred seventy five
Pounds eight shillings half penny Lawful money be allow'd; That
they pay the sum of Eight Pounds thirteen shillings Eight pence
half penny, the Ballance due to the Province into the Province
Treasury and that they be thereupon Discharged. Sent up by
Mr. Sherburne. [Concurred.]

A petition of sundry Quakers belonging to Hampton falls for
liberty to Poll off themselves and Estates, was bro't into the
House and lead, and

Order' d to lay for consideration, till the Line for Dividing the
Parish of Hampton falls be settled.

Col Gage, Col Wallingford & others as agents on behalf of

1K4 PBOVINCB OF NEW -HAMPSHIRE. [176B»

[p. 214.] the Towns of Dover, Durham, Summersworth, Barring-
ton and Rochester, presented a Petition to the Gen 1 Ass"' Praying'
that that part of the Province may be consider'd in the Division
into Counties, That the Dividing Lines for the Counties may be
the same as those proposed by vote of the House last Fall Ses-
sions — which Petition was read and the agents heard thereon
and then the Petition sent up to the Board by Col° Went worth.

Jour. C. & A8sm. March 11, 1768. The Secretary acquainted the Board
that his Excellency desired their opinion respecting a Day appointed for a
Publick Fast as usual about this season of the year & recommended the 14 Ul
of April.

[p. 217.] Fryday, March 18 th 1768.

In order to the speedy Redeeming and sinking all the Bills of
Credit of this Province now outstanding,

Voted that the Com toe appointed for Examining Bills of Ex-
change on the agent for this Province be and hereby is Directed
to Draw Bills of Exchange for Sterling Bills of Credit as usual,
till they shall have Drawn out of his hands all the money he had
belonging to the Province, And that the Treasurer be Directed
to Redeem and Exchange all the Bills of Credit of this Province
that shall Remain outstanding with the money in the Treasury
so far as the same will go at the usual Rates till they shall be all
called in. Sent up by Capt. Carlton, (a) [Concurred.]

(a) Jour. C. & Assem. Votes, Bills, ac,c ,s <fcc, passed by the House and
concurred by the Council from March 1, to March 24, 1768.

Gov r assents to the Bill relative to the service of Writs of Review on peti-
tion of Ichabod Chesley.

Petition of Aaron Tibbets about Deeds that were burnt. A hearing
granted.

Petition of James Grilmau et alii, to make good the sale of sundry pieces of
land — a hearing granted.

Petition of Samuel Gilman jun & others, to make division of certain lands-
leave to bring in a Bill.

Petition of James Gilmore and alii as Executors to convey land — leave to
bring in a Bill. Passed.

Ace 1 of the Treasurer for 1767, accepted and settled: a Balance in the
Treasury of £3095 : 13: 3.

Act passed for a new proportion of Province Tax.

Petition of Jonathan Dam, of Rochester, asking liberty to fax residenl and
non-resident lands: granted.

Petition of inhabitants of Madbury, to be set off from Dover and to tax
themselves &c — leave to bring in a bill.

(b) His Excellency gave his assent to the following bills.
A bill for a new Proportion.

A hill for assessing lands in Rochester for highways.

1768J JOURNAL OF THE HOUSE. 165

A bill to enable the Proprietors of Boscaweii to collect money for certain
purposes.
A Bill for a Lottery to build a bridge over Exeter River.

[p. 221.] Mr. Sec y came into the House and informed the
Speaker and the House that his Excellency required their imme-
diate attendance in the Council Chamber.

Mr. Speaker and the House immediately went up to the
Councill Chamber and his Excellency was pleased to make the
following- speech, viz.

(r-overnor^s /Speech.

[p. 222. j Gentlemen —

The services more immediately before the General Assembly being com-
pleted and the legal term of their present session so nearly expired, that no
advantage can arise to his Majesty's service or to the benefit of the Province
from the expence and inconvenience of meeting this House again for a few
days only at this season of the year, It now remaining for me to acknowl-
edge the satisfaction that has arisen to me from the candor, wisdom # and
moderation with which your deliberations for the true interest of your
constituents hath been steadily conducted, without acceding to remoter
considerations ; Rightly combining a dutiful! obedience to our most gracious
Sovereign and the prosperity of his subjects, in the same inseparable Prin-
ciple. An undivided Harmony and union of Councils cannot fail to secure
Prosperity and Respect. I entertain Peculiar Pleasure that this Province
may hence Reasonably Indulge these desirable Expectations. Altho' there is
not time left finally to complete the Division into Counties, yet the repeated
& mature consultations have thrown such light upon this usefull and advan-
tageous measure as will Probably terminate in an Earlier, more Extensive
and more effectual conclusion thereon than has hitherto appeared Probable
to the most sanguine.

Gentlemen of the Council —

I should be Deficient in Justice to your steady attachment and application
to the business of the Session which hath been considered with Equal
unprejudiced wisdom, thereby uniformly supporting the welfare of the Prov-
ince and the Honor of Government, to omit my acknowledgments to the
Honourable Board, for their zeal and steady concurrence toward the Publick
good.

Gentlemen of Council & Assembly —

That it is my Duty and Happiness thus to Remark your conduct as an
Assembly, so it is my Desire and Recommendation that in your respective
Counties the same good Dispositions may be preserved and that the free-
holders in their next Election will give me the Pleasure to meet an House
[p. 223.] equally disposed and capable to serve their King and their Country;
with this wish only Remaining, 1 do Dissolve the General Assembly of the
Province of New Hampshire.

J. Wentwobth.

Council Chamber,
Portsmouth, New Hampshire,
March 24 th 1768.

After the speech the Secretary Declared the General Assembly
of this Province, by his Excellency's Direction to be Dissolved.

166 PROVINCE OF NEW-HAMPSHIRE. [Yffi",

[p. 218-220.] The following is a List of the Rateable Estates
of the Several Towns as settled by the General Assembly for a
new Proportion which each Town pays to £1000.

Amount of

Rateable Estate.

Proportion to
£1000.

Number
of Polls.

Portsmouth

Hampton

Kingstown

Litchfield

632,339:0

7770
7463
3500

3932
2095
5610

2959

4343

3155

4485

6856

9330
11046

7482
17233

4617

5000

6504

L405

2000
11051

7500

6000

9000

2605

1701

5000

3715

5054

4000

3000

2149

4000

8149

1500

3500

2000

2200

2700

2000

2700

♦',500

5000

7000

4200

4000

1400

3S00

3000

1600

1500

4000
14700

5300
13000
10000
10500

2100

1600

I. -.oo

1200

9300

6700
1400

£77 : 2s
18: 10
17: 16

8: 6

10:11

• 9: 7

4: It*
13: 7

7: 1
10: 7

7: 10
10: 13
16: 7
22: 5
26: 6
17: 16
41: 2
11:
11: 18
15: 10

::: 7

4: 15
26: 7
17: 17
14: 6
21: '.)

6: 4

4: 1
11:18

8: 17
12: 1

9: 10

5 : '_'

!»: 10

19: 8

10: 14

8: (i

6: 18

5: 4

6: 8

6: 18

ti: s

15: 10

11: 18

16: L3

10:

0: 10

3: 6

!>: 1

7: 3

3: 16

3: 11

'.): 10

31: 1

12: 12

31 :

23: 17

25:

3: 16

3:11

10:

22: 3

15: 1!)

3: 6

910
199

213
6ft

Plastow

Atkinson

Boscawen

142
11?
66
152

169

131

20H

New Markett

266

Rochester

22.^

455

123

203

Derryfield

47
317

Kensington

182

140

Suminersworth

212

Stevens' Town

123

Peterborough .

10i>

145

lot;

104

221

1 22

Walpole

Rowley — Canada

Candia

Wilton

17H

104

Salem

184

111

108

Peterborough Slip

51
120

128

122

384

153

300

241

31 'J

Weare

123

242

Haverhill

203
5S

1768.]

JOURNAL OF THE HOUSE.

167

Amount of J Proportion to
Rateable Estate. £1000.

Number
of Polls,

North Hampton

No. 1

Mile Slip

Gilsum

Cornish

Plainfield . .

Poplin.

Hillsborough

Sanborn Town

Deerfield

Greenland

Raymond

New Ipswich

Merrimack

Lindborough ,

Charlestown

Monson

Dublin

Plymouth

Clearmont

No. 6 in the line of Towns
Gosport

Total

5400
1700
450
800

8000
600
1000
3800
6000
3000
=5000
4500
1500
4500
2000
1000
1500
1000
1200

419,331

139
65
17
31
30
28

104
26
37

141

150
100
50
100
50
40
60
50
50

1000

Note. The Polls in the last ten Towns are put down by supposition.
Inventorys being returned.

IBS

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1768.1

JOURNAL OF THE HOUSE.

171

[p. 225.] Province of )
New Hamp r )
A Journal of the House of Representatives convened the 17th
Day of May 1768 in the Eighth year of the Reign of his
Majesty King George the Third.

Tuesday May 17 th 1768, p. m.

There were Present in the House twenty-four of the members
Returned on the King's Writ, (a)

(a) Joum. C. & Assm. The Sheriff made a full return of the King's Pre-
cept for a new Election, — the Names of the sundry Persons return' d for the
respective towns are as follows, viz.

( William. Parker, Esq.

} Jn° Sherburne, Esq.

( Mr. Jacob Sheafe.

( Jonathan Moulton. Esq.

( Christopher Toppan, Esq.

S Thomas Westbr k Waldron, Esq.

I Otis Baker, Esq.

Col. Peter Gilman, Esq.

Doct r John Griddings
j Thomas Bell, Esq r
\ Richard Jennes, 3 d Esq.

Josiah Bartlett, Esq.

Meshech Weare, Esq.

Richard Downing, Esq.

Andrew Wiggin, Esq.

Samuel Livermore, Esq.

Doct 1 ' Ebenezer Thompson

Clement March, Esq.

Mr. John Burley

Capt. Eliphalet Merrill.

John Webster, Esq.

Portsmo'

Hampton

Dover

Exeter

Newcastle &

Rye, jointly.

Kingston,

Hampton Falls,

Newiugton,

Stratham

Londonderry,

Durham

Greenland

Newmarket

So Hampton

Chester

Plastow, both Parishes

Hampstead, jointly

Holies

Somersworth

Monson &

Merrimack, jointly

Rochester

Kensington

Barrington

Salem &

Pelham, jointly

Keen

Winchester

Charlestown

Amherst &

Bradford

Nottingham West

& Litchfield

Capt. Jona. Carlton.

Samuel Hobart, Esq.

Col John Wentworth, Esq.

Capt. Jn° Chamberlain

Deacon James Knowles
Capt. Ezekiel Worthen
Lieut. Samuel Brewster

Maj. Joseph Wright

Capt. Josiah Willard
Col Josiah Willard
Capt. Simeon Stevens.

John Goffe, Esq.
Capt. Samuel Greeley

172 PROVINCE OK NEW-HAMPSHIRE. [nog.

Names of his Majesty's Council.

Present,
His Excellency the Governor
Tlieo. /VtKiuMHi ) Jonathan Warner )

Daniel Warner
James Nevin
T. Atkinson, jun
Peter Livius

Daniel Kindge
Esqs. Daniel Pierce

Geo. Jaffrey

The President of the Council came into the House and
formed the members that his Exc y had adj ~
till to-morrow eleven o'clock.

ourned the Gen 1 Ass r

Wednesday May 18, 1768.

Present in the Mouse twenty-eight of the members Returned.
The Hon blc Col Warner, Mr. SeV and Mr. Livius came from the
Board and informed the members that they were appointed by
his Excellency to administer the Oaths to the Returned members:
Which was done and the Oaths and Declaration being subscribed
they withdrew.

Mr. See y came from the Board and inform' d the members that
his Exc y Directed them immediately to Proceed to the choice of
a Speaker and Present him for his approbation.

The Return'd members immediately proceeded to the choice of
a Speaker, and the Hon b, ' , Peter Oilman, Esq. was chosen Speaker
and conducted to the chair, and

William Parker Esq 1 John Sherburne, Esq' Col" Weare, Col°
March, CoJ° Wentworth, Thorn 8 W k Waldron Esq 1 were desired to
inform his Exc- V that the members had made choice of a Speaker,
and whom they had chosen, and they accordingly went to the
Board and Deliver 1 *! the message.

Mr. Sec y came from the Board and informed the members that
his Exc v approved of their choice of a Speaker.

The House then proceeded to choose a Clerk and Meshech
Weare Esq. was chosen Clerk and sworn to the faithfull Dis-
charge of that office by William Parker. Esq. Adjourned.

[p. 226.] Thursday, May 19 th 1768.

A message was sent to the Board by the Clerk to desire that
three members who appeared in the House and had not taken the
Oaths might be qualified, viz. Mr. Toppan, Maj r Wright and Deac D
Knowles. [Oaths were administered to them by Col Warner
and Mr. Livius of the Board.]

Mr. Secretary came into the House and informed the Speaker

1768.J JOURNAL OF THE HOUSE. !7o*

and the House that his Exc y Required their immediate attend-
ance in the Council Chamber, and his Exc y then made a speech
to both Houses, [a copy of which was requested.]

Rules of the Mouse.

Voted, That the following be the Rules of this House :

1 st . That whosoever shall by any misbehaviour hi speech or action justly
offend any members of the House shall for the first offence be admonished,
and for any after offence fined as the House shall see meet.

2. That no members speak twice until every member have liberty to speak
once if he Please.

3. That every member Direct his speech to the Speaker and not to one
another, and when any member has a mind to speak to any case he shall
stand up and ask Leave of the Speaker to Speak.

4. That whenever it happens that there are as many votes on one side of
the question as on the other without the Speaker, That then the Speaker
make the Casting vote.

5. That, if the Speaker be absent the House may choose a Speaker pro
tempore, that the affairs of the House may be carried on without stop.

6. That if any member after being qualified and enter' d shall absent him-
self at any time without leave from the House, he shall be liable to be fined
at the Discretion of the House.

[p. 227.] 7. That if my member of this House shall be by the major part
of this house tho't unfit and not qualified for said Place it shall be in their
Power to Dismiss such person giving Notice to the town or precinct where he
belongs to choose another to fill up such vacancy.

8. That every Bill to be pass'd in this House be read three times, and that
there be two adjournments of this House before anv Bill be Pass'd into an
Act.

9. That the Speaker with fifteen members be a House to do business.

10. That no vote that is Pass'd in this House shall be Reconsider' d by a
Less number.

Mr. Sec y bro't Down a copy of his Exc yB Speech, which is as
follows.

Governor's Speech.

Gentlemen of the Council and Assembly —

It is with singular pleasure that at my first meeting this House, 1 may open
the Session by observing the general peace & Tranquillity that subsists
throughout his Majesty Dominions and the desirable harmony and order
which eminently indicates the increasing prosperity of this Province. This
leaves me at present only to recommend to your consideration those general
Matters usually done at this season ; other measurers more immediately relat-
ing the internal regulation & advantage of the Province may be communi-
cated by Message during the Session.

Mr. Speaker & Gentm. of the Assembly —

I have directed the Treasurer to have the Provincial Accounts adjusted &
ready for your Inspection, by w ch you will see the Expediency of granting an
adequate supply for the support of Government the ensuing year. And you
will be naturally led to consider the Wisdom & Justice of granting a perma-
nent and fix'd Establishment for the support of his Majesty's Governor, in
such manner and measure as may induce honor and respectability to the Ad„

174 PBOVINCE OF NEW-HAMPSHIRE. [17^.

ministrations of Government, without difficulty or inconvenience to your
constituents.

I Lave also to recommend your providing for the repair of His Majesty's
Castle William & Mary, without which the valuable Stores, ammunition &
ordinance therein, will with the Walls & Buildings very soon be utterly
ruined.

Gentlemen of the Council & Assembly —

Your present Experience of y e many advantages resulting from former
unanimity & diligence, ie the most powerful motive to continue therein, and
will assuredly meet my utmost assistance & readiest concurrence for the
public good.

J. Wentwobth.
Council Chamber

Portsmouth. May 19. J 768.

[P. 228.] P.M.

[Oaths administered to Col Moulton, a member for Kamptohj
Voted, That Mr. Speaker, William Parker Esq r . The 8 W k Wal-

dron Esq. <fc Col. Weare be a Com tcc -to Prepare an answer to his
Exc ys speech, to be laid before the House as soon as may be.

The House then proceeded to the consideration of the supplys
&c. Recommended by his Exe v and after Debate thereon ad-
journed till to-morrow 9 o'clock.

Fryday, May 20 1768.

Voted, that the Key' 1 Doc r Samuel Langdon and the Kev d
Samuel Haven be desired to attend the House alternately to Pray
with them, and'Mr. Sheafe is Desired to Inform them hereof.

[p. 229.] Mr. Sec y brot Down a written message from his Exc r ,
Copy of a Paragraph of a Letter from his Exc y to his Majesty's
Secretary of State, and to the Lords Commissioners of Trade
and Plantations, and the Earl of Hillsborough's Letter to his Exc r *
of the 15" 1 of February 1708 — which are as follows.

His Excellency's Message,

Mr. Speaker and Gentlemen of the Assembly —

In my last Speech to the late Assembly I suggested the pleasing hopes that
appeared to me of Dividing the Province into Counties. From that time it
has been the object of my diligent attention, and as the only effectual means
to obtain a full and early completion thereof I have humbly represented the
measure and earnestly solicited his Majesty's most gracious Permission to
this Purpose, as .the Inclosed Paragraph of my Letter on this subject more
filllj explains, which I have not the least Doubt will very early be; granted,
and that the Province will thus enjoy the benefit of this Regulation at least
twelve months sooner, even if it was accepted in any other way, and in a
more extensive manner, as I find a similar measure lately transacted in a
Neighbouring Province absolutely rejected most probably from Reasons that
I have endeavored to avoid by the present plan.

The Inclosed Letter being so really Honorable to the Province, it is incum-
bent on me to communicate it to the Gen' Assembly.

J. Wentwobtii.
Council Chamber,

20 th of May 1768.

1768.1

JOURNAL OF THE HOUSE. 175

[p. 230.] The Paragraph of the Letter is as follows.

''I beg leave to commend to your Lordships consideration the very great
and immediate advantages that will immediately Result from Dividing the
Province into at least Ave Counties, throe of which to have their necessary
Courts and County Privileges and Regulation at present, the other two to
have these advantages extended to them at such future time as may be tho't
proper by the Governor and Council, who from their residence must be well
inform' d of Local circumstances Requisite to such determination, if Divided
into five Counties in this manner: The Division may well be made as shall
ever accommodate the whole . Province without future alteration, which
■cannot be done if Divided into a less number because Regard will be had to
the Present situation of the Inhabitants which bears no Resemblance to the
future when the whole Province is Populated which will probably be within
fifty years, and will undoubtedly be incredibly accelerated by a permission to
form these Counties. At present, the Inhabitants in the Western part of
the Province daily increasing, labour under great disadvantages in obtaining
justice, in the Probate of Wills, settlement of Estates and Registry of Convey-
ances, which are now brought <fe accomplish' d at Portsmouth from every part
of the Province, which in every instance impoverishes & in many consumes
those that are compelled to submit; an action of Debt for five Pounds Stei-s
by reason of long Travels of Principals, Evidences, &c. may frequently &.
justly be loaded with ten Pounds cost, and the recovery sunk in the expense
of Journey, time and Delay. These are among many Inconveniences that
are now sustained by the subjects from the want of Counties. There remain
others of a more public & interesting concern. The Inhabitants so remote
from the Courts of Justice, finding the great Difiicultys in getting to Ports-
mouth when impelled by Their private necessities, observe the impossibilities
[p. 231. J of their conduct being known and restrained by Government —
Hence they will naturally decline into a wild, loose, ungovernable state,
neglecting <fc at length resisting Laws which cannot scrutinize in order to
suppress them. An Instance hereof is now under cognizance, where a gang
of villains from other Provinces relying on the distance and Badness of the
roads, had associated in open contempt of Government to mix, debase So
counterfeit silver and gold foreign Coins, proclaiming themselves safe eno'
from any power that could ever be sent from hence to apprehend them &
have therefore utter d much counterfeit coin, mostly Dollars, Pistareens &
Joannes. However with very great difficulty & at some expense I have
caused as many of them as could be found, to be apprehended, & confined to
be tried next Term, when I hope the confederacy will be destroyed.

From the unexpected obstruction in this case & from many other local
circumstances which now arise from situation, employ, manners and disposi-
tion of the Country, I am well persuaded that the good order, peace & inter-
nal Government of this Province very much depends on an early Division
into Counties, whereby the Courts of Justice may be carried into all parts
of the Province, maintain and diffuse a spirit of order and obedience which
it is otherwise to be feared as a natural event, will degenerate into savage
licentiousues Disorders & leave open a door for endless criminalitys. I
should fear myself deficient in promoting his Majesty's service in not repeat-
ing my dutil'ull sollisitations for your Lordships favorable representations for
his Majesty's most gracious condescension to permit this measure; and that
I may be instructed in what manner, Whether by an Act of the General
Assembly, or by the Governor and Council, As both houses join me in being
desirous to act Directly conformable to his Majesty's pleasure."

Portsmouth 20 th May 1768.
Copy to his Majesty's Secretary of State
& to the Lords Commis rs of Trade & Plantations.

J. Wentwoeth.
Copy by M. Weare, Clr.

17b PROVINCE OF NKW-llAMPSHllti;. |17ivn.

C°py °f Lord HiUsborougNs Letter to Governor Werttworth.

Whitehall, Feb: 15 th , 1768.
8k. Four Letters to the Karl of Shelburne No. 1, 2, & :), have been Duly
Received.

[p. 232.] I congratulate you upon your arrival in your Government ami
upon the Peace and good Order which you say subsists in the Provin
New Hump 1 *.

Sit. Your most obedient
Humble Serv'

Hillsborough.
Governor Wentworth.

Fryday, May -20 th L768; r. m.

Mr. Speaker ordered his Exc vs Speech at the opening of the
present Session to be read Also his message of this day and
extract of his Letter to the Lords of Trade, &c. which were Read
accordingly and after sundry Debates thereon, it was moved that
the following Question should be considered, viz..

Whether the House can under our Present Circumstances pro*
ceed to make a Supply Bill? And after sundry Debates thereon
the Question was put, and it Pass'd in the Negative.

A motion was then made that it might be consider'd Whether
:i Bill should be bro't in for collecting the Excise y c ensuing year
in the same manner as the Last ? which being put it Pass'd in
the Affirmative.

[p. 23S.] The Treasurer bro't his acc tF into the House and
Deliver'd them to the Speaker. Adjourned.

Saturday May 21, 1768.

The House took under consideration the affair of an Excise
Bill, and after considerable Debate thereon, it was proposed that
the Excise should be made a fund apppropriated for paying the
Governor's salary during his Administration in case it might be
collected in the same way as last year, and William Parker A
Samuel Livermore Esqr* and Col" Weare were Desired to wait on
his Excellency the Governor to confer with him Respecting hifl
consenting to such an act. [Capt. John Chamberlain, member from
Merrimack & Monson, was qualified by taking the usual oaths.]

[p. 234.] Tuesday, May 24 th , p. m.

The Com** appointed to settle the Line for dividing the Town
of Hampton Falls into two Parishes, made the following Report.
viz.

1768.] JOURNAL OF THE HOUSE. 177

We the subscribers being appointed by a vote of the Gen 1 Assembly to fix
a line in the Town of Hampton Falls in order to the southern part thereof
being erected into a distinct Parish, — Accordingly we have viewed the Prem-
ises, heard the Parties &c. and agree to Report, That a line beginning on
Kensington Line near Joseph Brown's Dwelling House, at a Road called
Horse Hill Road, and following said Road down to a Bridge below Weare's
Mill, Then Easterly on the North line of Elisha Brown's land to the North-
east Corner thereof by the Quakers Parsonage so called, then following the
Road that leads by Henry Thresher's House to the Country Road, then
following the line between Land of Abraham Dow and Ralph Butler and
Isaac Brown, and between said Dow and Meshech Weare Esq. to the South-
east Corner of said Weare's Marsh at Brown's River so called, then following
said River to the Western end of the Parsonage Land so called, then round
on the southern and Eastern sides of said Island to the aforesaid River and
to the mouth thereof, shall be the Dividing line between the two Parishes.

John Gldinge )

Josiah Bartlett > Com t(v
Ebenezer Thompson )
Hampton Falls, Ap 1 27 th , 1768.

Which Report being read and no objection made,

Voted That it be accepted and that the Petitioners may

bring in a Bill agreeable thereto. Sent up by Maj 1 Wright.

[Concurred.]

[p. 235.] Wednesday May 25 th , 1768.

William Parker and Samuel Livermore Esq 1 '" and Col Weare
the Com tee who on Saturday last waited on his Excellency to
confer with him concerning the Excise Bill for paying his Salary
and to be collected in the same way as the last year &c. were
sent for by his Excellency & immediately Waited on him. He
informed them that he was disposed to come into any measure
that appeared to be for the benefit of the Province and not incon-
sistent with the Duty he owed to his Majesty and the trust
Reposed in him by the Crown ; And if an Act for appropriating
and collecting the Excise in the manner proposed should be drawn
with such caution as not to appear to infringe on the Prerogative,,
he would consent to it, and after some Conference on that subject
it was proposed that a Bill for this purpose should be drawn &
Presented to his Excellency. The Com tee Return'd and made
Report to the House; Whereupon the House Desired William
Parker & Samuel Livermore Esq rs to prepare a Bill accordingly
to be laid before the House.

[p. 236.] P. M.

Upon a motion made for some more to be adjded to the Com tte
for making answer to the Governor's Speech, and that they should
proceed to Draw up the same as soon as may be,

Voted That Mr. Livermore, Mr. Sherburne, Mr. Toppan and
Capt. Gidding be added to said Com tee and that s d Com tee also
[p. 237.] prepare an Answer to his Excy 8 message Respecting
12

178 PROVINCE OF NEW-HAMPSHIRE. [1768.

Counties sent down to the House on Fryday last, and that they
proceed in the same as soon as may be.

[Mr. Simon Stevens, member from Charlestown, was qualified
by taking the usual oaths, and took his seat in the House.]

Voted, That the Hon ble Daniel Pierce Esq. be and hereby is
appointed Recorder of Deeds and Conveyances of Real Estate
within this Province for the term of one year. &c — [he giving
the usual bonds &c] Sent up by Col Moulton. [Concurred.]

[p. 240.] Friday, May 27 th 1768. ■'

The Com tec chosen to prepare an answer to his Excellency's
Message of Fryday last presented the following Draft, viz.

May it Please Your Excellency —

In your Excellences Letter to his Majesty's Secretary of State, a Paragraph
whereof accompany'd your Excellency's message of Fryday last to the House,
concerning the Division of the Province into Counties, your Excellency's
reasoning upon the utility & Necessity of that important Measure, hoth for
the interest of the Crown & for the ease & Happiness of his Majesty's sub-
jects here, perfectly coincides with the sentiments of the House on this
subject; And the perfect benevolence of mind towards the Inhabitants of this
Province, which so visibly appears therein, fills us with the warmest sense of
gratitude to your Exc- V .

Only one thing we beg leave to observe to your Exc- V , on the conclusion of
said letter, wherein your Exc v " prays to be instructed in what manner the
" said Measure may be effected, whether by an Act of the General Assembly
" or by the Governor & Council, as both Houses (your Exc v says) join in
*' being desirous to act directly conformable to his Majesty's Pleasure." Our
observation hereon is this, That we have always understood the sentiments
of former Assemblys on this Point to have been, that this measure could wot
be effected but by an Act of the three branches of the Legislature of the
Province. But whatever hath been the sentiments of former Assemblys on
this point, the present House, after mature deliberation on the subject, are of
opinion that an act of the Gen 1 Assembly is Necessary to effect any alteration
in the present jurisdiction of the several Courts of Justice in the Province,
as the said Courts & their Jurisdiction now & for many years have been
settled by Acts of the General Assembly of the Province confirmed by the
[p. 241.1 Royal assent, which Acts can in no wise consistent with the Consti-
tution of his Majesty's Government here, be repealed, annulled or altered by
the Governor & Council, which is the necessary Kesult & Consequence of
any Division of the Province, or any new Countys, new Courts or new Ju-
risdiction, being erected therein, without an Act of the Gen 1 Assembly.

We therefore ask the favour of your Exe> to acquaint his Majesty's Secretary
of State, as soon as possible, with this State of the case, to the end that your
Exc>' may obtain (if need be) his Majesty's permission to divide the Province
into as many Counties as may be thought necessary by an Act of the General
Assembly.

Which Draft of an Answer being read and considered,
Voted That it be Presented to his Excellency in answer to his
Message to the House of the 20 th Instant : and was accordingly
signed by the Speaker and sent to his Excellency by Tho' W k
Waldron Esq r & Capt. Chamberlain.

1768.] JOURNAL OF THE HOUSE. 179

The House took under consideration the Act relative to the
Excise which was yesterday presented by the Com tee Desired to
prepare the same and now read a Second time. And after Debate
thereon more particularly as to the appropriation for payment of
his Excellency's Salary during his Administration the Question
was put Whether his Excellency's Salary shall be settled on him
during his Administration if the Excise Bill should pass as it is
proposed as to the manner of collecting the same, and it was De-
termined in the Negative.

Wednesday, June l kt 1768.

[p. 243 ] An act for continuing the Last Excise Bill to be in
force for one year longer having been three times read,

Voted That it pass to be Enacted. Sent up by Mr. Jenness,
Doc r Bartlett, Capt. Worthen & Capt. Merrill.

Voted, That there be paid to his Excellency John Wentworth
Esq 1 ' our Governor, out of money that is, or shall be in the Treas-
ury, the sum of seven Hundred pounds Lawfull money for one
year's Salary, commencing on the thirteenth day of June instant
to be paid half yearly, & also the sum of sixty-seven Pounds lawful
money for House Kent, for the same time, and that his Exc y be
desired to draw the same out of the Treasury, with advice of
Council, sent up by Mr. Jenness, Doc r Bartlett, Capt. Worthen &
Capt. Merrill. [Concurred.]

The House being informed that Daniel Pierce Esq. had con-
tinued to act as Recorder of Deeds &c. after the expiration of
the term for which lie was chosen, which might occasion Disputes
& Difficultys, unless some proper Remedy provided for prevent-
ing the same — this matter being taken under consideration, it
[p. 244.] was tho't proper That a Com tee should be appointed to
Examine the Recorder & the Circumstances respecting this mat-
ter, Therefore

Voted, that Sam 1 Livermore & Meshech Weare Esq s & Capt.
John Gidding be a Com tee for this purpose to make report as soon
.as may be.

Voted that John Sherburne Esq. Mr. Jacob Sheafe & Capt,
John Gidding be a Com tee of this House, to join w tu such as shall
be appointed by the Hon bl ° the Council to examine & audit the
Treasurer's Acc ts in the recess of the Court, and also to tell over
the money in the Treasury to be burnt & lock up the same in the
Province Box, and also to make enquiry wh 1 Powder money hath
been received & how the same hath been applied since the last
acc fc thereof rendered by the Treasurer, & make Report to the
Gen 1 Assem at their next setting. Sent up by Capt. Greeley, (a)
[Non-concurred.]

180 PROVINCE OF NEW-HAMPSHIRE. [176&

(a) Jour. C. & Asseni. Jane 3 d . The vote of the House as eutered 1 st Inst,
for appointing a Com tee for examining the Treasurers Ace* 3 , to tell over the
money to be burnt, & to inquire of the powder M> r was considered at the
Board and non-concurred, Because very different matters & such as have no
relation to each other are couch' d in & tack'd together, in said vote, which
this Board ever endeavor to avoid.

The Letter from the Speaker of the House of Representatives
of the Province of the Massachusetts Bay of the 11 th of February
1768, and the answer of the late General Assembly of this Prov-
ince to the same Letter were read, And the House took under con-
sideration what might be proper further to be done respecting the
subject matter thereof. And

Voted, That William Parker, Samuel Livermore and Mr. Jacob
Sheafe be a Committee to prepare in the Recess of the Court a
Proper Address to his Majesty and proper Representations to be
made to his Majesty's ministers Respecting the several things men-
tioned in said Letter and to lay the same before the General
[p. 245.] Assembly, and also that they make Enquiry of the
Com tee of Correspondence what ad vise, they have received from
Mr. Agent Trecothick whether he accepts the appointment of
him as agent and who will continue in the agency, and what infor-
mation they have had from him of the State of the Province
Accompts ; Particularly Relative to a Sum of about live or six
thousand Pounds sterling granted by Parliament which has not
yet been Received: And also if they find it needful they are to
write to the agent giving him the best information they can rela-
tive thereto and to Endeavour as far as they can to obtain Pay-
ment of said Grant and a full state of the Province accompts.

Province of New Hampshire.

In the house of Representatives, June 1 st 1768.

Whereas in the last vote for an Inventory to be taken in order
lor a new Proportion of Province Tax to be made, the towns of
Chesterfield and Richmond were omitted and no Inventory taken
for said Towns, and it now appearing that said Towns ought t<>
pay their proportion of the Province Tax, Therefore

Voted, That the Selectmen in each of said Towns or the major
part of them or others by them appointed at the charge of the
Town whereto they Respectively belong, shall take an Inventory
of the Rateable Estates in said towns as follows, viz. All male
polls from sixteen years old & upwards, all slaves male and female
exceeding sixteen years old, all orchard arable meadow & pasture
Land, accounting so much pasture Land as will summer a cow
four acres, all horses, mares and colts Distinguishing the difference
of years from one to four years old, all oxen, cows and young
cattle Distinguishing their age as above express' d for horses: Thai
the person taking said Inventory shall take an oath to be admin-

1768.J JOURNAL OF THE HOUSE. 181

istered to him by any Justice of the Peace in said Province, that
they have faithfully & impartially made said Inventory, which
shall be return'd into the Secretary's office with the said Inven-
tory, at or before the last day of July next. Sent up by Capt.
Merrill. [Concurred.]

.[p. 246.] P. M,

The Com tet ' appointed in the forenoon to Examine the Recorder
and inquire into the circumstances of the Records &c.

Made Report That they had been to the Recorders office, That
Mr. Pierce Inform'd them that he had proceeded in the office of
Recorder, since the expiration of the term for which he was chosen
in the same manner and with the same fidelity as before and look-
ing upon himself as under oath. And to this Account he had
made solemn oath before the Com tee .

Thursday, June 2 d , 1768.

[p. 247.] Daniel Pierce Esq 1 chosen Recorder came into the
House and gave Bond to the Speaker agreeable to the vote ap-
pointing him Recorder, and also took the Oath for the faithfull
Discharge of that office.

[p. 249.] Fry day June 8 <l 1768, p. m.

The House considering the message from the Board in the
forenoon respecting their nonconcurring the House's vote appoint-
ing a Com tet to examine the Treasurer's Acc ts &c. passed the fol-
lowing seperate votes.

Voted That John Sherburne Esq. Mr. Jacob Sheafe & Capt.
John Gidding be a Com tei of this House to joyn with such as
.shall be appointed by the Hon' lle the Council to Examine and
audit the Treasurer's accompts in the Recess of the Court and
also to tell over the money in the Treasury to be burnt and Lock
up the same in the Province Box and make Report to the Gen 1
Assembly as soon as may be. Sent up by Col Goffe. [Con-
curred & Col. Atkinson, Jona. Warner & Daniel Rindge joined.]

Voted That William Parker, Samuel Livermore and Christo-
pher Toppan Esq 1B be a Committee of this House to joyn with
such as shall be appointed by the Hon ble his Majesty's Councill to
make Enquiry what Powder money hath been received and how
the same has been applied since the year 1741. Sent up by Mr.
Burley. [Non-concurred.]

182 PROVINCE OF NEW-HAMPSHIRE. [1708.

Saturday June 4 th 1768.

[p. '250.] The Committee for Preparing an Answer to his Ex-
cellency's speech at the opening of the Present Session pre-
sented an Answer which they had prepared which was read and
is as follows, viz.

May it please your Excellency —

In your Excellency's Speech to the Gen 1 Ass 1 " at the opening of this Ses-
sion your Excellency was pleased to Recommend to this House in a particu-
lar manner the granting an adequate supply for the support of Government
the ensuing year; the granting a Permanent and fixed Establishment for the
support of his Majesty's Governor, and the Providing for the Repair of his
Majesty's Castle William & Mary.

These subjects have severally obtained the closest attention of the House,
and after mature Deliberation thereon, the House are of opinion that it
would be a piece of Hardship and Injustice which they cannot well answer
to grant any new Supplys to be Raised by a Tax on the Polls & Estates of
their Constituents now burdened and oppressed with numberless hardships,
for want of being Divided into Countys: A grievance which they had the
greatest reason to expect should have been Redressed before this time, which
would have enabled, them to have born the burthen of taxes without Regret.
This Redress the Assembly are still in Expectation is not very remote.

In the mean time the Assembly have taken proper measures for examining
[p. 251.] the State of the Treasury in the Recess of the Court in order to
know the proper Estimate for the service of the ensuing year; to the End
that whenever the grievance aforesaid shall be Removed so that his Majesty'.-
subjects may enjoy the benefits arising from the administration of Justice,
and other County priviledges throughout the various Remote parts of the
Province, the Assembly may be ready to grant an adequate supply for the
support of the Government, which his Majesty's subjects by the benefits
aforesaid being obtained will be enabled to pay. • *

The House have voted your Excellency's salary and made provision for
payment thereof the ensuing year by continuing the additional Excise act
which it is thought will prove Sufficient: and we hope that an Assembly of
the Province of New Hampshire will never be wanting to grant yearly an
honorable Support to his Majesty's Governor.

The House have also chosen a Com tee to joyn with such as the Hon 1 ' 1 '
Board shall appoint to Examine what Powder money hath been Receiv'd
?ince the year 1741, the amount whereof as soon as it can be ascertained A
Received we hope will be sufficient to put his Majestys Castle William &
Mary in good Repair.

The other Business of the House proper for the season and such as hath
occasionally come before us is finished: And the Courts of Judicature
which are coming on in succession will last a considerable time. The House
therefore Pray your Excellency would grant them a Recess.

The foregoing Answer being well considered by the House y
Voted, That it be Presented to his Excellency in Answer to hi*
Speech at the opening the present Session.

Sent to his Kxc- bv Mr. Livermore and Col Goflf'c.

[r. 252.] Monday, June 7 th 1768.

Mr. See* bro't down from the Board An Act to enable three of
the sons of Daniel Rogers of Portsmouth, Apothecary, to add
the name Rindge to their Christian name, with the following vote
of Council thereon, viz.

1768.] JOURNAL OF THE HOUSE. 1

In Councill, June 4 th 1768.
This Bill Read a Third time and passed to be enacted.

T. Atkinson, jun. Sec?"
[Concurred & passed by the House]

[p. 254.] Wednesday June 8 th 1768, p. m.

Mr. Sec y and Mr. Livius came from the Board and inform' d the
House that the vote of the House appointing a Com tee to make
Inquiry what Powder money hath been Received &c. was non
concurred by the Councill for the following Reasons, viz.

1 st . For the unusual & unaccustomed method used for obtaining a state of
any account which the Gen 1 Assembly have a Constitutional Right to
Examine, either from the Receiver General, or any Particular Receiver, of
any Dutys or Taxes which constantly hath been, by Desiring the governor or
Commander in Chief to Direct the proper officer of any such Branch to lay
their accounts before the Assembly; & we know of no Instance of such
desire being Refus'd, and in the present case a proper application hath not
yet been made to the Governor.

2 d . As the Powder Received for the Tonnage Duty referr'd to, is quite of
another kind, being by the act expressly appropriated for supplying the Fort
and Fortifications within this province with gunpowder only, & this has been
so constantly understood, no Prpcedent to the contrary appearing.

3 d . Because the vote Directs the Committee to commence their inquiry at
the year 1741, which the Council are of opinion, is too partial an Enquiry, &
that it ought to begin in the year 1702, when, the duty by act was made
payable.

[p. 255.] Thursday, June 9 th 1768.

Voted, That his Excellency the Governor be Desired to Direct
the proper officer to lay before the General Assembly an accompt
of what Powder or money hath been received agreeable to the
Act of this Province about Powder money, and how the same
hath been apply'd.

Sent up to the Hon ble Councill for concurrence by Mr. Liver-
more & Maj r Wright. [Non concured.](«)

(a) Journ. C. <fc Assm. June 9 th . [The above vote) non concurr'd for the
following reason viz. That when the Council think it necessary to see the
Receiver's Ace* they can ask that favour of his Excellency without the 'con-
currence of the Hon ble Assembly, as the House may without the concurrence
of the Board, in the method as mentioned in the Council's non concurrence
of the House's vote relative to their acc ts of Powder money of the 7 th
Instant.

Mr. Livius dissented and moved that his reasons for so doing might be
entered on the Journal of the General Assembly, which dissention caused
objections to be offered by some of the Board, that the reasons if any ought
to lay upon file, and not be Recorded in the Journal; the determination oi
which was deferr'd to a future day.

184 PROVINCE OF NEW-HAMPSHIBE. |ntW.

[p. 256.] Voted That the Journals of the General Assembly
of this Province from the first Day of July Last to the present
time be Printed at the cost of the Province,. Provided the cost of
Printing shall not exceed three pence per sheet printed in the
manner of the Journals of the Flouse printed in May 1745, ami
that William Parker, John Sherburne and Meshech Weare Esqs.
be a Cora tee to get them printed in the cheapest and best manner
they can as soon ;is may be.

Mr. Sec 7 Brot down the folio wing Message .from his Excellency
the Governor, viz.

Message from the Governor.
Mr. Speaker —

An answer to the Speech of 19 th May from the Chair being presented on
the sixth Inst, bis Majesty's service and the Prosperity of his faithful] sub-
jects in this Province suggested to me the following observations as essen-
tially necessary to Recommend to the serious and candid consideration of the
Hon ble House: That a Supply Bill for the support of Government is neces-
sary, is supposed; As the Hon ble House adduce Reasons of grievance only
for not granting it. Hence it may justly be deemed even in their opinion
necessary, it may then be concluded if usefull and necessary it is surely a
grievance to withhold it, neither can it he alleged to be either President or
Desirable or to he in any Degree an alleviation of a grievance to place,
another upon it from which no possible advantage can Result. In the order
it is offered, I proceed to Enquire into the grievance and oppression, ear-
nestly Desirous to approve myself a faithful 1 servant to our most gracious
Sovereign in exerting my utmost Diligence and attention to Remove every
Burthen from his Majesty's Subjects of this Province, whose true Interest I
shali continue to pursue with inflexible prseverance.

[p. 257. | That a judicious Division of this Province into Counties would
be very useful! ami advantageous to many, the Remote Inhabitants, is plainly
evident and equally to be desired: yet it cannot lie said that these remote
Inhabitants are injured or suffer in the least by preffering a time (Probably but
a few months) to act with Effect for the desired measure, which promises in
fact to expedite and facilitate the acquirement of a beneficial Division into
Counties, to r premature, uncertain, inoperative suspended Act. which the
experience of a neighboring Province admonishes us would not be likely to
meet approbation, and which uncertain and inconclusive as it must have been
against almost hope itself; yet even this the various opinions and intercourse
of Disquisition between the Bon ble Council and Assembly so directly express'd
•in the .Journals of the last sessions of the late General Assembly, inevitably
precludes my entering into the matter without humbly soliciting his Majesty's
most gracious permission, as those transactions with great wisdom tend more
immediately to ascertain, that his Majesty's Royal Prerogative is herein
Involved than to any other conclusion. It therefore incontestably follows
that a Previous Representation of the measure for bis Majesty's approbation,
is the most Eligible and only apparent method which was left to obtain a.
just, solid and effectual Division into Counties, and that no grievance or
oppression is .sustained during the time that this good measure indispensably
requires to transact it: but on the contrary that a real and flagrant hardship
and injustice would have been laid on the subjects in deliberating upon and
forming an Act which 1 am fully convinced would have been Rejected, and
thence at least a year lost, perhaps longer; or probably the whole suspended
to uncertain futurity; Such a collusive Duplicity Pregnant with these certain
evils to the People 1 could not accede to notwithstanding tdie present Eclat
of the expected nominal benefit which would be soon sunk in the bitterness
of final disappointment; But under this arrangement will most probably ter-
minate in half the tine 1 to the lasting and increased advantage of the

1768.] JOURNAL OF THE HOUSE. 185

jr. 258.] Province. However that may be, nothing of this supposed grievance
has hitherto been laid before the Chair, the whole matter having been agitated
between the two Houses only. I cannot therefore discover the aptitude of
applying the epithets of grievance, Burthens, Hardships and oppression in
answer to the Speech from the Chair which recommended attention to the
most interesting and Honorable concerns of the Province, and I am fully
satisfied that neither my words or conduct can have any such intention,
appearance or tendency.

The State of the Treasury which has been lying before the House from the
first week of their Session consists of so few, so plain and established expen-
ditures that very little time will suffice for their inspection, together with
telling over the Paper Bills already Redeemed, to be burnt, which is em-
nently necessary to be Done for the safety of your Constituents.

Having acceded to a message of the Hon We House delivered to me by these
Respectable Members, which message in expression and purport, widely
differs from the vote for my Salary sent up to the Hon ble Council, the Result
of which I have not been inform' d of, and cautiously Regarding the certainty
Due to every Legislative transaction, I am thereby much embarassed in con-
sidering this matter. Therefore 1 do not at present observe thereon or
Remark the uncertain Provision for complying with the vote charged upon
the Treasury hitherto unsupplied, and in fact being uupossess'd of any unap-
propriated certain fund. The Excise Act being only tho't sufficient and the
continuance Referr'd to being no more than Explanatory, and more plainly
coercive of the original, but is by no means additional as the Journals will
evince wherein the Hon hle House declined augmenting that Revenue the
smallest fraction, tho' mov'd thereto for the convenience of calculation and
Payments.

Whatever may be the State of the Receits on the Powder act, the appro-
priation [p. 259. | is wisely and unalterably for Powder only, the Result of
enquiry thereon cannot well Delay the consideration of adequate aid to Pre-
serve the buildings and fortifications from Ruin.

I have been constantly ready and desirous to afford every constitutional
assistance in my Power to expedite and complete the various business of the
Province, and have only to Regrett that so much time & Expence hath not
been more conclusive, and that the Intervention of the Courts of Law which
cannot at present be adjourned without manifest Detriment to those who are
seeking Justice, may Render it expedient to defer an effectual consideration
of these matters to a time more convenient to the Province ; in which I trust
the necessary business will be done with the Readiest Dispatch.

J. Wkntworth.
Council Chamber
9 th June, 1768.

»
Mr. Sec y came from the Board and informed the house that the
folio wing Bills have Received his Excellency's Assent, viz.

The Act for- constituting a Xew Parish in Dover.
The Act in addition to tin 1 Proportion Act as pass'd 22 (l March.
The Act. for Doc 1 ' Rogers sons to add the name Rindge to their christian
name.
Tho Act for erecting a new Parish in Hampton Falls. (a)

(a) Other votes, acc ts , petitions &c. passed by the House and concurred by
the Council, from May 17, to June 9, 17G8.

Petition of Benj. Prescott of Raymond against his son Benj a for fraud in
depriving him of a Deed: hearing granted.

Petition of Win. Frost and others, to make sale of certain lands: hearing
granted. ' «

180 HiOVINCE OF NEW-HAMPSHIRE. [1768.

Ace 1 of Rich' 1 Jenness for wood for Gen 1 Assem. £6: 10 lawful money,
allowed.

Ace 1 of Noah Parker, for cleaning guns, &c. £16: 19 lawful money,
allowed.

Nathan Rowe allowed £3: 10 for apprehending Annar Tobey.

Stephen Ames, Thos. Tarbell & Whitcomb Powers, for taking Inventory oi
rateable Estates of No. 1, & mile Slip, allowed £3: 9 lawful money.

William Smith and John Swan, for taking Inventory of Peterborough Slip,
allowed £2 : 8 lawful money.

Capt. Thos. Bell, for graving the Castle Barge &c. allowed £1: 19: 7 law-
ful money.

Meshech Weare for Books for Journals of Assembly Ac. allowed £1: 3: 2
Do.

Wm. Appleton, for Books for Province Records, allowed £12: Do.

Bill to enable Executors of the Will of Mary Prescott to sell lands A:c.
passed.

Ace 4 of Daniel and Robert Fowle for paper and printing, £25 : 14 lawful
money, allowed.

Then the Sec y by his Exc ys Direction adjourned the Gen 1 Assm,
to Tuesday the fifth day of July next at ten o'clock, A. M.

Attes* M. Weare, CK

[Journal of Council & Assembly.]

Tuesday July 5 th 1768.

[His Excellency was pleased further to adjourn the General Assembly tc
Tuesday the 23 d day of August next at 10 o'clock, a. m.]

[p. 260.] Tuesday, Aug* 23 d , 1768.

A number of the members met according to adjournment — • and
adjourned, till

Wednesday, Aug st 24 th 1768, i>. if.

Maj* Downing and Richard Jenness Esq. were appointed to wait
on his Excellency and inform him there was a Quorum of the
House met.

They accordingly waited on his Excellency and made Return
that they had deliverd the message and his Excellency InfonnM
them that he would be at the Council] Board to-morrow.

Mr. Speaker laid before the House a Letter he had received from
the Speaker of the House of Burgesses of the Province of Vir-
ginia, which was read and on file. (1)

(1) Sot: this Letter in full with the answer thereto, in a subsequent portion «.>t the A
of the House, (date April 16, 1770. and marg. page L"J.)— En.

1768.] JOURNAL OF THE HOUSE. 187

Thursday Aug* 25 th 1768.

Col Warner and Mr. Livius Bro't Down a message from hi»
Excellency Respecting a Supply Bill, as on file.

Governor's Message.
[Copied from MS. Gov rs Mess a Vol. III. p. 339.]
Mr. Speaker and Gentlemen of the House of Representatives :

The incontestible importance to his Majesty's Service, and to the well being
of the Province, has rendered it necessary for me to recommend to the Hon-
orable House, that previous to all other considerations, they wou'd enter into
the Expediency of granting such supplys as are just and adequate for the sup-
port of Government. That the Honorable House might have every requisite
Information to this end, the Treasurer hath by my direction, some time since,
exhibited the Province accounts, before the Honorable House ; therefore I
cannot but suppose that this measure so essentially necessary to the Prov-
ince, will in a very short time be concluded. I have it also earnestly to
recommend to the Honorable House that they would provide a sufficient
Fund to redeem the paper Bills of Credit of this Province that are yet passing
as a currency solely upon the Reliance placed on the good faith of the Prov-
ince, altho' they have some time since expired by law. I flatter myself it
cannot possibly be necessary to expedite the consideration of these Recom-
mendations in their various parts by adducing Reasons to elucidate the abso-
lute necessity of providing support for the administration of Government ;
or to facilitate a measure of such evident reasonableness and importance, by
observing the small sum that can be necessary for the Provincial services ; as
little need can there be of a second thought (other than in providing means)
uprightly to redeem the bills of Credit, and in doing such equal Justice thereby
to support the honor & public faith of the Province. I have therefore only
to assure the Honorable House, that whatever ^money they may grant, shall
be faithfully applied to the intention of the grant with the greatest diligence
and prudence: And that I trust they will enable me very soon to give a Re-
cess to* the General Court, until a more convenient season of the year.

J. Wentworth.
Council Chamber
25 August, 1768.

P. M.

[p. 261.] A message was sent to the Board by Mr. Parker to
Enquire whether the Excise Act and vote for his Excy $ salary
were concurr'd, who returned and infbrm'd the House that they
were not concur'd.

A message was sent to his Exc y by Mr. Waldron, Col° Moulton
and Mr. Jenness to desire his Exc y to Direct the Treasurer to
make out his Acc t8 full up to the present time.

[p. 262.] Upon a motion made Tho s Westbrook Waldron Esq.
was added to the Com tee for preparing an Address to his Ma-
jesty &c

Saturday Aug 6 27 th 1768.

[p» 263.] A petition to his Majesty being Drawn up and Pre-
sented to the House by the Com tee appointed for that purpose was
read.

188 PROVINCE OF NEW-HAMPSHIRE. [1768.

Voted That it be signed by the Speaker and sent to the agent
tor this Proyince at the Court of (Treat Britain to be presented to
his Majesty.

NOTE 15 Y Till: KDITOK.

[It appears from ;t subsequent record in the Journal of the House, that the
address to his Majesty was not sent till April, 1770. (See date, April 14, 1770,
marg. page 19.) Whether the letter which here follows addressed to Barlow
Trecothick, Esq., was sent at this time or afterwards is uncertain. The Doc-
uments which will be found on marginal pages 21-31 are of great interest] .

Letter to Barlow Trecothick Esq.

[Copied from MS. Corr., Vol. Ill, p. 299. J

Portsmouth, New Hampshire
November 17 th 1768.
Sib —

The Assembly of this Province have thought their Duty obliged them to
represent to his Majesty the Burdens & Hardships their constituents sus-
tain'd by the late acts of Parliament which have succeeded the Stamp Act &
almost as grievous.

This is a complaint you are sensible runs thro' the Continent of British
America and as that was the case the Assembly tho't it was their Duty to let
his Majesty know they were not insensible of the Ground of this Complaint,
had the same value & esteem for their liberties & Privileges that his Majestys
other subjects have & equally deprecate the Loss of them.

They therefore before their late Prorogation, having prepared the Petition
herewith sent, ordered me to transmit it to you as agent for the Province
with the desire of the House that you wou'd present it to his Majesty as soon
as may be with propriety after it comes to your hands. Yet 1 presume this
does not exclude you as their agent from judging of the litness & expediency
of the thing of the fittest time of such a presentation or whether it will be
best wholly to suppress it. as you know the Temper of the Parliament min-
istry & of iiis Majesty also at the present much better than we at this dis-
tance. But must inform you I have it not in Commission from the House to
offer these considerations & they are only my private sentiments suggested
by the nature of the case. 1 must therefore submit the matter to your own
judgment, alter telling you that my orders were without, any condition or
Limitation to send it & to request that it should be presented.
T am with due Regard

Your humble serv 1

(No signature.)

Barlow Trecothick, Esq.

Indorsed — "Copy of a Letter

Barlow Trecothick, Esq.

Agent. London. 17 Nov. 1708."

The House taking- into consideration the Letter from the
Speaker of the House of Burgesses in Virginia to the Speaker of
this House communicated on Wednesday last, and thereupon

Voted and Resolved, that tins House heartily (1) concur in

(l)-Thia word is parti} er:is.;.i in the record. — Ed.

1768.

JOURNAL OF THE HOUSE. 180

sentiments with the house of Burgesses aforesaid in said Letter
Represented, and that the Speaker be desired to Represent the
same in a letter to the Speaker of said House of Burgesses and
inform him of the petition voted by this House, to be presented
to his Majesty. (1)

Voted That William Parker and Samuel Livermore Esqr 8 wait
on his Excellency and inform him that a Com tee is chosen to
examine the Treasurer's Acc ts and other things Necessary to be
done Previous to making a Supply Bill which will require some
time and it being now a busie season of the year to desire that
his Exc y would be pleased to adjourn the Gen 1 Ass m for some time
that those things might be done in the Recess.

They accordingly waited on his Exc y & Return'd and inform'd
the Speaker that they had Deliver'd the message and that his
Exc* will send an answer in the afternoon.

[p. 264.] P. M.

The Dep ty Secretary bro't the following written message from
his Excellency, viz.

Mr. Speaker and Gentlemen of the House, of Representatives —

William Parker and Samuel Livermore Esqi*. having presented to me a
verball message from the Hon ble House informing me that the Previous steps
essential to the full completion of those Recommendations in my last message
to the Hon ble House and referr'd to the Com tee for that end already ap-
pointed, which service will necessarily Require some considerable time to
accomplish, and that therefore the Hon ble House well considering and judging
that it is for the advantage of their constituents Request a Recess: — Hence
I have tho't fit to adjourn ]the General Assembly of the Province of New
Hampshire, and it is accordingly adjourned to the 18 th of October next at 10
o'clock, A. M.

J. Went worth.
Council Chamber, New Harap'

27th Aug*. 1768.

Letter to the Speaker of the House of JBurgessex in Virginia.

I Copied from MS. Corr. Vol. Ill, p. 295.]
Sir —

The very acceptable Letter from the Hon ble House of Burgesses of the
Colony of Virginia to the General Assembly of the Province of New Hamp-
shire came safe to hand, and has been communicated to this House — Who
gladly Embrace the opportunity of Declaring their intire concurrence with
those Sentiments of Liberty expressed in your Letter ; expressed with that
fiwnness which becomes free born Englishmen, yet tempered with unexcep-
tional Loyalty and Subjection to Parliamentary Authority, in everything
agreeable to the fundamental Maxims of the British Government. It affords
high satisfaction to this House, that they entertain the same views of the
late grievous Acts of Parliament with the rest of their American Brethren,
and which your Hon' House have in a friendly manner communicated.

They have the pleasure to assure you, that they have already endeavored
to represent, in a proper light, these unconstitutional Infringments upon the
Liberty and property of his Majesty's faithful subjects in America, in an

(1) See said Petition in full under date April 14. 1770, on margin page 19 following. —Ed.

190 PROVINCE OF NEW-HAMPSHIRE. L1768.

humble petition to the King, imploring his paternal interposition for their
Relief. Their Allegiance remains unshaken by all the violences which have
lately been offered to the Constitution ; nor do they indulge the most secret
wish to see their Colonies Independent on the Parent Country; but on the
contrary, feel the deepest concern at every unhappy Incident, that may have
a tendency to interrupt that perfect Harmony and weaken that natural con-
nexion, which are the Strength, Safety & Health of the whole Empire, i
They are very sensible, that the Duties Imposed by the late Acts of Parlia-
ment, on some of the most necessary articles of Commerce, for the sole and
express purpose of Raising a Revenue, are Equivalent to the most Direct
Internal taxation; and that in this Respect a power is claimed and Exercised
by the Legislative Authority of Great Britain, to take what sums of money
they please from the Collonies, without any Grants made by the People, who
are not, and cannot be Represented in the British Parliament. And they
are fully persuaded that these last Acts are, in their nature and effects very
little different from the former oppressive Stamp Act ; but equally tend to
the Destruction of Liberty and Commerce.

They morever consider every exertion of power to inforce these unconsti-
tutional Acts, as Dangerous to the peace & welfare both of Great Britain <fe )
the Colonies : Especially any attempts to Deprive the Representatives of the
people in America, in their respective Assemblies, of the full freedom i
of voting in affairs which properly belong to this Branch of authority, by !
sending peremtory mandates, armed with the Terrors of a suspention or i
Dissolution of their Legislative Power, if they Refuse to comply. Their |
anxiety & Distress are increased in a very high degree by the appearance of I
warlike preparations making at this time by Great Britain, not so much
against a Common Enemy, as to intimidate her own Children, and force
them into a submission to those very Burthens of which they are complain-
ing. They are struck witli horror at the very idea of Civil Wars in America,
and earnestly hope never to be put to the Dreadful Alternative, either to
take the Sword, or submit to give up all English Liberties.

This House will always consider it as their Duty, Honor and Highest ambi-
tion, to manifest the most sincere Loyalty & affection to their Sovereign, to
do their utmost to maintain Lawful authority, and to shew Equal zeal with
any of their Brethren on this Continent for the Prosperity of tbe Nation, &
the preservation .of those Liberties and priviledges which are the Impregna-
ble Bulwarks of the British Government. And they are Determined to use
their best Endeavors to prevent all Tumults & whatever tends to open Rebel-
lion and anarchy, while they heartily unite in pursuing such sober constitu-
tional measures as may most effectually procure the removal of all causes of
complaint, fix our Liberties on a firm basis, cement the Colonies to Great
Britain with all the strength of Mutual Interest, affection & Confidence, and
open the obstructed Channels of National Commerce.

| No signature.]
Indorsed — " Copy of a Letter to the

House of Commons in Virginia."

[p. 265.] Tuesday 18 th Oct r 1768.

Some of the members but not a Quorum met according to
adjournm 1 [& adjourned till]

Wednesday Oct' 19 th 1768.
P. M.
[p. 266.] Mr. President of the Councill bro't down from the
Board the Report of the Com tee chosen to examine the Treas-
urer's Ace" which is as follows, viz.

1768.] JOURNAL OF THE HOUSE. 191

Province of / October 19 th 1768.

New Hamps 1 \

We whose names are hereunto subscribed being appointed a Com tee by the
Gen 1 Ass m to examine the Treasurer's acco 1 * have attended tbat service and
have carefully examined the foregoing ace 18 of the Hon ble George Jaffrey Esq.
Treasurer &c. and find them well vouched and Right cast, and accordingly
beg leave so to Report the same. The Ballance due to the Province being
Nineteen Pounds four shillings & Eight Pence three farthings Lawful money
exclusive of outstanding Taxes.

Theodore Atkinson
Jonathan Warner

John Giddinge
Chris 1 Toppan J

Mr. President also infbrm'd the House that the Paper Bills
uhey had counted were in the Box Ready to be burnt, and also
proposed that some person or persons might be appointed if the
House tho't proper to fcake some of the good Bills to exchange
for old.

[p. 267.] Tuesday 20 th October 1708, A. m.

The Clerk being absent, Voted That Samuel Hobart Esq. be
Clerk pro Tempore.

The Hon 1 Daniel Peirce & George Jafi'rey Esq' brought the fol-
lowing written message from his Excellency, viz.

Mr. Speaker & Gentlemen of the House of Representatives —

An exact state of the Treasury being now ascertain* d & again laid before
the Hon ,,i<; House, by my command to the Treasurer, it must readily appear
that supply is necessary to be granted for the support of Government, also to
redeem the yet outstanding Bills of Credit, & to pay the Muster Rolls & Inci-
dental charges of his Majesty's Castle William & Mary now due — The Jus-
tice, Honor & utility of this measure had they not heretofore been observed,
could not but have occurred to the Hon 1 * House, as the indispensable object
of their early consideration. I entertain singular Pleasure in having it in
command to signify his Majesty's most gratious approbation of his Province
[p. 268.] of New Hampshire, which is communicated to the Hon hjle House in
the Extract of the Earl of Hillsborough's Letter herewith, that so great &
desirable an Honor may not suffer diminution from any other expression.
This ample testimony of the Wisdom that hath happily distinguished this
Province hitherto, cannot fail to be an irresistible motive to persevere there-
in, & is the most powerfull reason to expect that permanent prosperity will
be the Result. T think it expedient to communicate the Paragraph in the
Bame letter relating to the Division of the Province into Counties, whereby
the Honorable House will undoubtedly perceive the ready attention paid to
that important subject. It is my earnest recommendation that the Business
now under deliberation may be dispatch' d with the greatest assiduity that
may effect the Publick service which will assuredly meet my utmost aid &
readiest concurrence.

J. Wentwokth.
Council Chamber,

20 tb Oct. 1768.

192 PROVINCE OF NKW-HAMPSHLJLiE. [n»- K s.

Copy of the Extract of a letter from the Right Honbl. the Karl of Hillsbor-
ough, dated

Whitehall, y Ul July, 17b8.

" It is his Majesty's Pleasure that you shou'd assure his faithful 1 subjects
in New. Hampshire, that his Majesty has nothing more at heart than to pro-
mote their welfare & Happiness, whose chearful obedience to the Laws of
this Kingdom & steady Resolution in refusing to accede to the measures &
Proposals which have been urged with so' much indecent warmth in other
Colonies cannot fail to recommend them to his Royal Favour & Counte-
nance."

"As the Propriety of a Division of the Colony into Counties has already
been before the Lords of Trade, those parts of your letter which relate to
this matter will be very proper for their Lordships consideration, & I think I
may venture to assure you, that final Justice and due attention will be given
to the reasons you urge in support of this measure; at the same time I
cannot but think, that it wou'd have been a still greater Inducement to the
recommendation of it, if the Proposition had been accompanied w th some
assurances of a propper support of such Establishments as a Constitution of
this nature necessarily requiivs.

To his Excellency 4

Governor WsNTWORTH."

P. M.

[p. 2bi>.] The Acc ts of the Hon. George Jeffrey Esq. Treasured
being read,

Voted, That the same be allowed, and that he charge himself
with the Ballance therein mentioned, being nineteen pounds foul 1
shillings & eight pence three farthings, & also with the Money
render'd as outstanding Taxes in the several places therein men-
tion'd, amounting to Three hundred & thirty one pounds nineteen
shillings & one peny half peny Lawful Money, which will make
the Treasury Ace 1 " more plain & Easy to be settled in future.

Fryday, Oct. 21" 1768.

The Treasurer's Aec r< past yesterday were this day sent to the
Board by the Clerk and a message to the Board to Enquire
whether the Excise Bill was passed by the Councill, as the House
have under consideration making a Supply Bill to Desire the
Council] will pass upon the Excise Bill now before them.

Voted That William Parker, John Sherburne and Josiah Will
lard, Esqrs. be a Oom te ' to prepare an act to enable the TreasurM
where aid is wanting to collect outstanding taxes.

I p, -J70.] Saturday Oct'. 22*, 1 7<>s.

An Act for supplying the Treasury of the Province with the

sum of two thousand & two hundred Pounds Lawful money ror

the currant year to be apply'd as is therein Declared, Having
been three times read,

1708.] JOURNAL OF THE HOUSE. 193-

Voted That it pass to be Enacted. Sent up by Coll Willard,
Deac" Knowles & Capt. Charaberlin. [Concurred and passed.]

Monday Oct r 24, 1768.

[p. 271.] Mr. Jaffrey Biot from the Board the Petition of
Sundry Inhabitants of Gilsum & Westmoreland praying to be
Incorporated into a Distinct Town. — which being considered and.
the votes of each Town showing their willingness, also a Plan
produced,

[p. 272.] Voted That the Petitioners have liberty to bring in
a Bill for incorporating said Town Prayed for, the Bounds to be
agreeable to the said Plan. Sent up by Col Goffe. [Concurred.]

The following is the Report of the Com tee for telling money in
the Treasury to be burnt, viz.

SKXS | September 14^768.

The Committee appointed by vote of the Gen 1 Assm. to tell over and Re-
ceive from the Treasurer such sums as might be in the Treasury to be burnt
agreeable to the several Acts for emitting the same, have accordingly ac-
•compted & Received from Mr. Treasurer Jaffrey the following sums, viz.

Of the first Emission

£1: 2:

3 d

0: 0:

4th

89: 4

5 th

43: 9

6 th

19:

^tb

23: 11

8 th

640:18:

9 th

687 : 12:

10 1-2

£1504: 18:

10 1-2

Sterling in Sterling Bills, also Forty pounds nine shillings Sterling for a Bill
of Exchange. We have also Received in Canada & Crown Point Bills Re-
ceived by the Treasurer for Taxes, outstanding Taxes and money Exchanged,
for Silver and Gold — Nine thousand Two Hundred & Six Pounds Twelve
shillings & Two pence one Farthing New Tenor, all which sums we have
locked up in the Province Strong Box & now waits the order of the General
Assembly.

Theodore Atkinson ]
Jonathan Warner |

JZlSlrne i °—
Jacob Sheafe
Richard Downing

Whereas the managers of the Isle of Shoals Lottery have rep-
resented to the Gen 1 Ass m That they have used the best methods
they could for selling the Ticketts for the first class of said Lot-
tery ; [p. 273.] But by reason of the scarcity of money there are
but few of said Tickets sold, and they have no prospect of the sale
of the Tickets sufficient to carry the Design of the act into Exe~
13

194 PROVINCE OF NEW-HAMPSHIRE. [1768.

cution, and Prayed the Direction of the Gen 1 Ass m herein : which
representation being considered,

Resolved and voted, That the Managers of s d Lottery give
publick notice that such as have purchased Tickets may receive
their money again by applying to them and producing the Tickets,
and that said Lottery be carried on no further. Sent up by Mr.
Wiggins, (a)

(a) Jour. C. & Assm. Nov. 25 th p. m. A member bro't up from the House
a vote permitting the managers of Isle of Shoals Lottery to recal the Ticket*
sold by them and return the adventurers tbeir money, it being found imprac-
ticable (on account of the scarcity of cash) to dispose of them : Sent, down
on an amendment proposed.

Wednesday, Oct r 26 th , 1768.

Voted, That Col Clement March, John Sherburne Esq r and
Mr. Jacob Sheafe be a Committee of this House to joyn with such
as the Governor & Council shall appoint to Farm out the Excise
on Spirituous Liquor for one year commencing the first Tuesday in
September last, agreeable to an Act Passed the present session of
the General Assembly " for continuing the last Excise Bill to be
in force for one year longer." To be farmed to such Receiver or
Receivers as they shall judge Best, to be Commissioned by the
Governor to make a faithful Collection hereof and authorized to
prosecute any offenders against the Laws in this case provided, &
that the money arising thereby be put into the Province Treasury
to be apply'd to the uses of Government as the Governor, Coun-
cill & Assembly shall order, and that the Receiver or Receivers to
whom the same shall be farm'd shall give security to the Treas-
urer of the Province for the time being as said Committee shall
Direct for paying into the Treasury all such money as they shall so
agree for. Sent up by Capt. Greeley.

The Petition of the Selectmen of Charlestown for establishing
and clearing a Road from said Charlestown to Merrimack River,
being read and considered,

Voted, That the Petitioners have liberty to bring in a Bill to
•oblige the Proprietors of the several Towns through which said
Road marked out as mentioned in the said Petition passes, to clear
and make said Road Passable. Sent up by Capt. Willard.

[p. 274.] Mr. See v Bro't from the Board the Resolve of the
House Relative to the Managers of the Isle of Shoals Lottery and
Informed the House the Council will concur it with this addition,
That the Petitioners for said Lottery Pay the Managers the Ex-
pence they have been at in attempting to carry the Design into
Execution.

Mr. Sec y brought from the Board the vote of the House for a
Com uc to farm out the Excise sent up this day with the following
vote of Councill thereon, viz.

1708.] JOURNAL OF THE HOUSE. 195

In Council, Eodem die.
Bead and concurred with this amendment viz. That no member of Councill
or Assembly shall be a purchaser of the Excise Revenue or Surety for the
Payment thereof, and that the Security given shall be by Bond and Confes-
sion of Judgment in some of his Majesty's Courts of Record within this
Province, or before two of his Majesty's Justices of the Superior Court of
Judicature in any vacation, and entered in the Records of said Court.

T. Atkinson, jun. Sec> r .
P.M.

The Petition of William Moulton and James Paul of Stoning-
ton in the Great Cohass in behalf of themselves and the Rest of
the Proprietors & Inhabitants of said Stonington for a Road to
he cleared from said Stonington to Moultonborough &c. being
Read & Considered.

Voied, That the Petitioners have Liberty to bring in a Bill for
clearing and making Passable a Road through said Towns of
Wolfesborough, Tuftonborough, Moultonborough and other Town-
ships and Tracts of land where said Road can best be made and
most Direct to Stonington mentioned in the Petition and to sub-
ject [p. 275.] the Proprietors of the several Townships or Tracts
of Land already granted to clear and make passable said Roads
through their Respective Townships or Tracts, and if said Road
shall Pass through any ungranted Lands the proprietors of said
Stonington may cause the same to be clear'd and made Passable
and Render an accompt of the cost thereof to the General Assem-
bly; which account being allowed the grantees to whom said
Lands may hereafter be granted shall pay part of such accompt in
proportion to the Part they shall obtain of such ungranted Lands
through which the Road passes. Sent up by Doc r Bartlett.

The vote of Councill on the House's vote for a Com tee to
farm the Excise bro't down this Day read and unanimously non-
concurred, and

Voted to adhere to the vote of the House as sent to the Board.
Sent up to the Board by the Clerk.

Also the vote respecting the managers of the Isle of Shoals
Lottery bro't Down from the Board in the forenoon for an amend-
ment, was sent up again with a verbal message by the Clerk, That
the House could not think it proper to oblige the Petitioners to
pay the managers the expence they have been at or to oblige any
others before the managers acc f * were bro't in & allow'd.

Thursday, Oct r 27, 1768.

Whereas a vote pass'd in the House and was sent to the Hon fJle
Board in May 1767 for an allowance for officers, Soldiers &c. for
fort William & Mary, which vote we are informed by a message
from the Board was not pass'd by the Councill, and this matter
being again considered by the House,

19b' PROVINCE OF NEW-HAMPSHIRE. [1768.

[p. 276.] Voted, That there be allowed and paid unto his Ex-
cellency John Wentworth Esq 1 " as Captain General and Com-
mander of his Majesty's fort William & Mary the sum of one
hundred Pounds as an allowance for Officers and Soldiers Billet-
ing and all charges and Expences relative to said Fort from the
25 th of March 1767 to the 25 th of March 1768, to be paid out of
the money that is or may be in the Treasury.

Voted [also] £140, as an allowance for same, from the 25 th of
March 1768 to the 25 th of March 1769. Sent up by Capt, Merrill.

An Act to Prevent the Disorders commonly committed on the
fifth of November & the Evening following under Pretence of
celebrating the Anniversary of the Deliverance from the Gun-
powder Plot, having been three times Read

Voted, That it pass to be Enacted.

[p. 277.] The Dep y See 7 bro't from the Board th e Petition of
William Moulton and James Paul for a Road to Cohass with the
following vote of Council thereon, viz.

In Council, Oct r 27, 1768.

Concurred with the following Amendment, viz. That a Koad be cut from
Stonington in the most commodious Pass to Moultonborough, Tuftonborough
or Wolfsborough to meet the Road already cut from those Respective
Towns to the Town of Portsmouth.

Which Vote of Councill was read, and

Voted That it be concurr'd. Sent up by Mr. Baker.

[p. 279.] Saturday, Oct 1 29 th 1768.

An Act for Establishing and making Passable a Publick Road
or highway from the Town of Charlestown to the Town of Bos-
cawen, read a third time, and

Voted, that it pass to be Enacted. Sent up by Maj 1 Hobart.

Voted, That the Journals of this Assembly be continued to be
Printed until further order at the cost of the Province, and that
William Parker, Esq' be a Com He to get them transcribed and to
agree with the Printer for fifty Copys to be printed and take care
respecting the same.

Mr. Livius Bro't down from the Board the Act for clearing a
Road from Charlestown to Boscaw r en, and inform'd the House
that the Councill Proposed the following Amendments to the Act,
Provided that nothing in this Act contain'd shall be construed to
Extend to charge any Right or share or any Lott of Land was, is
or shall be exempted from the Duty of settlement, and of paying
taxes to carry on the same —

Provided also, That the accompt of said Com tco in cutting the
said Road be laid before the Gen 1 Ass'* 1 & there approved previous
to the sale of any Land to Discharge the said Ace 1 .

.1769. j JOURNAL OF THE HOUSE. 197

Also That the Council Proposed that Col° Lutwich should be
added to the Com tee on the part of. y e Board; — which proposed
Alterations the House took under consideration, and it was put to
vote whether the House would make the first alteration Proposed,
£p. 280.] and it passed in the Negative. It was then put to vote
whether the House will make the second Alteration proposed, and
it passed in the affirmative, and while the House were considering
on the third of appointing Col Lutwich one of the Com tee ,

Mr. Sec v came into the House and said he was Directed by his
Excellency to Prorogue the Gen 1 Ass m of this Province to Tuesday
the third L>ay of .January next and Declared the same Prorogued
accordingly, (a)

Att* M. Weare, Clr.

(a) Votes, Petitions bills, acc ts &c. passed by the House and concurred by
the Council from Aug 1 23 d to Oct. 29, 1768.

Petition of Josiah Sanborn & Joseph Hoit, of Sanbornton, to sell delin-
quent proprietors lauds ; leave to bring in a bill.

Tho s Parker's petition to cancel a judgment of the Inferior Court, in a
case brought by Jn° Penhallow — hearing granted.

Enoch Poor's petition for a re-hearing of a case — hearing granted.

Joseph Follett's ^petition respecting a judgment obtained agains^fc im by
one Nathaniel Thompson — hearing granted.

Inhabitants of Raymond petition for a Com tee to locate a meeting-house —
hearing granted ; & Committee appointed, viz. John Webster, Col. Ebenezer
Eastman & Capt. Eliphalet Merrill.

Petition of Samuel Peirce & Anna Mitchell guardians of heirs of Rob 4
Mitchell, to sell lands in Weare town — hearing granted.

Petition of Samuel Gerrish for a hearing at the Superior Court on an
action brought by John Parker — hearing granted.

Petition of inhabitan.s of Hampstead, for liberty to collect an assessment,
&c — hearing granted.

Act to prevent Riots on the 5 th November, enacted.

Committee to tell over money to be burnt — discharged.

An Act respecting Proprietors of Common & undivided lands, passed.

Petition of Aaron Tibbets, for a hearing of a case relative to some Deeds
burnt in his house — granted.

Vote by the Council to burn Counterfeit Bills, presented by Daniel Pierce,
Esq.

Before the meeting of the Assembly, his Excellency by Procla-
mation further Prorogued the Gen 1 Ass m to Tuesday the 21 st of
Feb*.

[p. 281.] Tuesday, Feb? 21 st , 1769.

Some of the members being met the Sec y by his Excy s Direc-
tion adjourned the Gen 1 Ass m till tomorrow 10 o'clock.

108 PROVINCE OF NEW-HAMPSHIRE.

1769.

Wednesday Feb* 22 d 1769, p. m.

Col March, Col" Wentworth and Col Goffe were appointed to
wait on his Excellency the Gov r and inform him that a Quorum
of the members were met. (a)

(a) [Members of Council (1)
His Excellency John Wentwokth, Esq. Governor, &c.

Theodore Atkinson 1 t Daniel Rindge )

Daniel Warner Daniel Pierce ! F

Theo. Atkinson, jun. )■ Esqs. Geo. Jaffrey [ £jS<,s -'

Peter Levins Daniel Rogers J

Jona. Warner J

Thursday, Feb* 23 d 1709.

The Hon ble Sec y , George Jaffrey and Daniel Rogers, Esqrs. bro'fc
Down from the Board the following written message from* his
Excellency.

Governor's Message.

Mr. Speaker and Gentlemen of the Assembly —

I have now to Repeat my earnest Recommendations that the Hon ble House

would effectually consider the allowances Due for the respective services of
Government which are now near two years in arrear: Also to Provide an
Immediate Redemption for the Outstanding Paper Currency of this Province.
These things you are sensible cannot be longer deferr'd without manifest Dis-
honour to the Province and Injury to its Inhabitants. I shall then be Ready
with great alacrity to consider and concurr with the Hon 1,lc Councill and
House of Assembly in any proper Bill for Dividing the Province into five
Counties, three of which to be immediately Enfranchised with the necessary
Jurisdictions and Regulations, and the other two to be adjoyning to them
untill their abilities and advantage shall induce his Majesty's Governor with
the Hon hle Council to extend the actual Jurisdictions and Regulations to
them.

Whatever other business may be necessary shall he communicated during
the Sessions which I doubt not will be conducted with Diligence, Harmony
and Wisdom, the unfailing Principles of Publick Respect and Prosperity.

J' Wjentwobth.
Council Chamber
23 d Feb? 1768.

[p. 282.1 The first pari of his Excy 8 message being considered.

Voted, That John Sherburne, Tho 8 W k Waldron, Christopher
Toopan, Samuel Livermore, Ks<) s and Oapt. John Giddinge be a
Com t6e to Examine what allowances have not yet been made foi
Debts or services for the Government and for what time.

Voted, That Mr. Speaker. William Parker, John Sherburne,

(1) James Nevin, Esq., owe of his Majesty's Council and Collector of the Customs for
Portsmouth, died <>n tlic 6th of February, in the sixtieth year of his age. Be was much
respected In office, the duties of which he discharged with fidelity. He was bom in Scor-
land and was a Post Captain in the British Navy. John Hughes of Philadelphia suc-
ceeded him as Collector. — Ad. innais Portsmouth.

1769.1 JOURNAL OF THE HOUSE. 199

Tho 8 W k Waldron, Samuel Livermore and Meshech Weare Esqs.
be a Com tee to consult what method may be most proper for sink-
ing all the outstanding Paper Bills and draw up a Scheme for the
same to be Laid before the House for their consideration.

[p. 283.] Fryday Feb^ 24 th 1769.

The Petition of Robert Wallace and others Inhabitants of
Londonderry &c. Representing that the Election of Samuel Liv-
ermore Esq. to Represent the said Town of Londonderry was
illegal &c, being considered,

Voted, That it be Dismiss'd.

Voted That William Parker, Thos. W k Waldron, Samuel Liv-
ermore and Meshech Weare Esq rs , be a Com tee to consider what
may be proper to be Done respecting Establishing the value of
money, and to Prevent the taking Excessive Usury as the Acts of
this Province relative thereto have been disallow' d by his Maj-
esty, (a) and to . Prepare Bills which may be proper for this End
to be laid before the House for their consideration as soon as
may be.

(a) Order in Council disalloicing certain Acts.

[Copied from MS. " Addresses to the King, 1707-1775," p. 162.1

At the Court of St. James's,

the 12 th Day of August, 1768.
Present

The King's most Excellent Majesty.
Duke of Grafton Viscount Falmouth

Duke of KutlancT Viscount Barrington

Duke of Queensberry Viscount Villiers

Marquess of Granby Lord Nortli

Earl of Litchfield James Stuart Mackenzie, Esq.

Earl of Hillsborough Thomas Harley, Esq 1

Earl of Shelburne Sir Edward Hawke.

Viscount Weymouth

Whereas by Commission under the Great Seal of Great Britain the Gov-
ernor Council and Assembly of his Majesty's Province of ISTew Hampshire
are authorized and Empowered to make constitute and ordain Laws Statutes
and Ordinances for the publick Peace, welfare and good government of the
said Province, which Laws, Statutes and ordinances are to be as near as con-
veniently may be, agreeable to the Laws and Statutes of this Kingdom and
are to be Transmitted to his Majesty for his Royal approbation or Disallow-
ance; and, Whereas in pursuance of the said Powers five Acts were passed
in the said Province in 1765 and 1766 which have been transmitted, Entitled
as follows, viz.
An Act for granting to Edward Emerson the sole Privilege of Erecting

necessary works for & carrying on the Manufacture of Potash in the Town

of Portsmouth.
An Act for ascertaining the value of Coin'd Silver and Gold and English

Half-pence and Farthings and the rates at which they shall pass for the

future in this Province.

200 PBOVINCB OF NEW-HAMPSHIRE. [170&

Au Act to restrain and prevent the taking excessive Usury.

An Act to make void a certain fraudulent Deed therein mentioned, to
Declare the Record thereof to he void, and that neither the said Deed nor
any copy thereof may he given in Evidence in any case whatsoever.

An Act to enable Daniel Merrill, John Hale and Henry Hale Junior to review
and prosecute in the eour.se of the Law certain Actions wherein they were
Defendants and were Defaulted by mistake and judgment entered against
them in Causes which upon a fair Tryal would have been against the
Plaintiffs as they supposed.

Which Acts together with a Representation from trie Lords Commissioners
for Trade and Plantations thereupon having heen referred to the Considera-
tion of a Committee of the Lords of his Majesty's most Hon l,le Privy Coun-
cil for Plantation Affairs the. said Lords of the Committee did this Dar
Report as their opinion to his Majesty that the Said Acts ought to he
Disallowed — His Majesty taking the same into his consideration was pleased,
with the advice of his Privy Council, to Declare his Disallowance of the said
Acts; and Pursuant to his Majesty's Royal Pleasure thereupon expressed the
said Acts are herehy Disallowed, .Declared void and of none effect — Whereof
the Governor or Commander in Chief of his Majesty's said Province of New
Hampshire for the time being, and all others whom it may concern, are to
•take notice ami govern themselves accordingly.

Steph. Corn eh .

[Note. On the same day by the same authority, the following Act was
approved and confirmed by his Majesty, viz.]

An Act for a more easy and expeditious method of making partition of land

or other Real Estate held in Common.

[Also by the like authority, on the 26 th day of June 1767, the following Act
was disapproved and disallowed, viz.]
An Act for ascertaining what places may send Representatives to the General

Assembly

[p. *284.] Tuesday, Feb* 28, 1769.

An Act to restrain the baking Excessive usury having been
1hree times Read,

Voted that it pas* to he Enacted. Sent up by Capt. Greeley.
[Concurred and passed.]

A message was sent to the Board by the Clerk to Enquire
whether the vote of the House in June last for his Exc y Salary
is concurr'd by the Councill.

Mr. Sec y came from the Board and InformM the House that the
vote Enquired after was conenrr'd in Councill the '29 th of Oct
1768, and Assented to by the Governor.

Wednesday, March l" 1 7(»t>.

[p. 285.1 Voted ilia' Mr. Speaker, John Sherburne Esq' Col*
Moulton, Thomas West brook Waldron Esq r Samuel Livermore
Es<]' and Col" Wiilard he a Com* 66 of this House to joyn with
such as shall be appointed by the Hon 1 ' 11- the Council to consider
of the best method for Dividing the Province into five Counties

1769.] JOURNAL OF THE HOUSE. 201

and to make Report of their opinion thereon as soon as may be.
Sent up by Capt. Merrill. [Concurred and Hon ble Theo. Atkin-
son, Daniel Warner, Mark H. Wentworth, Peter Livius, Daniel
Pierce and Daniel Rogers Esqrs. added on the part of the
Board.]

P. M.

A message was sent to the Board by the Clerk to Enquire
whether the votes pass'd in the House and sent to the Board in
October last for an allowance for Officers &c. at the fort, were
concurred by the Councill.

Mr. Jaffrey came from the Board and Inform'd the House that
the Votes Enquired after were not concurr'd by the Council.

Thursday March 2 d 1769.

An Act for Erecting part of the Township of Gilsum and part
of the Township of Westmoreland into a New Township by the
Name of Surry having been three times read,

Voted, That it pass to be enacted. Sent up by the Clerk.
[Concurred, passed and assented to by the Governor.]

P.M.

The Com tee for considering the best method for dividing the
[p. 286.] Province into five Counties attending on that business,
the House adjourned till to-morrow nine o'clock, and so from time

to time, till

Tuesday, March 7 tk 1769. (a)

(a) Allowance voted by the House and concurred by the Council.
To Theo. Atkinson, as Secretary £120, lawful money for two years.

To Thos. Packer, Sheriff 8, 00, do two years.

To Wiseman Claggett. Attorney General 80, do two years.

To Dr. Samuel Langdon, Chaplain 5, do two years.

To Rev. Mr. Haven, as Chaplain * 5, do two years.

To Rev. Arthur Brown, as Chaplain to Councils, do two years.

Voted, That each member of his Majesty's Councill be allowed
[p. 288] and paid six shillings and five pence pr Day for every
Day of their attendance in General Assembly from the 17 tu Day
of May 1768 untill the Dissolution of the present General As-
sembly, and also two pence half penny pr mile for travelling to
and from the siting of the General Assembly every time the
General Assembly is adjourned or Prorogued from Saturday till
Monday or for any longer time During the said term, to be paid
by the Treasurer upon a Certificate from the Secretary. Also
that each member of the House of Representatives be allowed
and paid the sum of six shillings pr Day for every Day of their

202 PROVINCE OF NEW-HAMPSHIRE. |176&.

attendance in General Assembly from the said 17 th Day of May
1768' untill the Dissolution of the present General Assembly,
Also two pence half penny pr mile lor travelling to and from the
Place of the siting of the General Assembly every time the Gen-
eral Assembly has been or shall be adjourned or Prorogued from
Saturday till Monday or for a longer time, Except such as live
more than '20 miles Distant from the place where the General
Assembly sitts, who are not to be allowed travel unless when the
General Assembly has been or shall be adjourned or Prorogued
for a l&nger time than from Saturday till Monday ; But when the
adjournment or Prorogation has been or shall be from Saturday
to Monday, instead of travel to be allowed one Days pay, and
that the said members be paid by the Treasurer upon a Certifi-
cate from the Clerk of the House of Representatives, Also that
the Clerk of the House of Representatives be allowed the sum of
six shillings pr Day for each Day of his attendance in General
Assembly in that capacity Exclusive of his wages as a member
of the House of Representatives to be paid him by the Treas
upon a Certificate from the Clerk of the House of Representa-
tives — all the allowances here made to be paid out of money
that is or shall be in the Treasury.

Sent up by Maj r Hobart, 8 th March.

[p. 289.] An act for Establishing and making Passable a
Publick Road or Highway from the Town of Charlestown to the
Town of Boscawen, which Act was passed in the House in Octo-
ber last and sent to the Board and bro't back for some alteration
— which alteration being now made the Act was again pa?
and sent to the Board.

P.M.

The affair of dividing the Province into Counties being under
consideration a motion was made that his Excellency may he
desired to lay before the House the Instructions or Directions be
has Received from the ministry respecting that matter.

Which motion being considered,

William Parker, John Sherburne cfc Col" Goffe Esqrs. were
appointed to wait on his Exc> and Request that he would be
Pleased to lay tha Instructions he has received respecting Divid-
ing the Province into Counties before the House who made
report to the Hou.se that they had deliver'd the said message to
his Excellency who returned this answer that all he had Relative
to the subject was to this effect — The Secretary of State had Mi-
nified to him that he had it in command from his Majesty to
inform the Gov 1 he had his Majesty's permission to consent to
Dividing the Province into Counties as proposed by an Act of
Assembly Provided the Act contained a suspended clause that it
should not take effect till his Majesty's Pleasure shou'd he
known. Adjourned.

1769.] JOURNAL OF THE HOUSE. 203

Wednesday, March 8 th 1769.

The method of Dividing the Province into Counties and Places
for holding the Courts was under consideration and largely
Debated.

[p. 291.] Thursday March 9 th 1769, p. m.

An Act for laying out and clearing of an highway from the
Township of Stonington (1) through the Townships of Lancaster,
Dartmouth (2), Benton, Tarn worth, Sandwich, Moultonborough,
Tuftonborough & Wolfeborough, having been three times read,

Voted that it Pass to be Enacted. Sent up by Mr. Webster.
[Concurred & passed.]

Whereas the People of this Province have long complaind
that the omission of Dividing the Province into counties was a
matter, of great Grievance Especially to those who Inhabited the
[p. 292.] Remote parts of the Province, that every kind of Civil
as well as Criminal administration must be transacted in the
Metropolis of the Province, the. Necessity & Expediency of which
Division has some time since been strongly & truly Represented
by our Governor to some of his Majesty's Members, the Propriety
& Necessity of which has by them been recognized and his
Excellency having Informed this House that he had his Majesty's
Permission to consent to an Act of Assembly for that Purpose
with the usual suspending clause, the House on the first day of
March instant made choice of a Com tee of this House to joyn with
such as the Honorable his Majesty's Council should appoint to
agree on the Extent, bounds & such other matters Relative to
each County as were necessary to be fixed Previous to the Draft
of an Act for that Purpose and to make Report to the House
who soon after Reported to the House that after consultation
with a Com tee of Council appointed for the Purpose aforesaid they
Differ' d in sentiments on the subject and could not unite in
opinion in the most material points to be settled, whereupon the
House came to the following Resolve and Vote thereon viz.
That their duty to their Constituents Required them to do every
thing Legally in their power to carry into Execution a measure
so long desired & expected and therefore to propose, since no
other has taken effect, a method & scheme which they apprehend
wou'd best suit the Business & Circumstances of the people with

(1) Stonington. — A name not now found in the list of towns, was incorporated. 1761, and
thus bounded.: viz. " Beginning at a maple Tree which stands on the easterly side of Con-
necticut River, and is about Thirty miles on a straight Line from Ammonusuk Rivers
mouth, and from thence Northerly up Connecticut River as that runs about Nine miles on
a straight Line to an Elm marked standing on the Southerly side of the mouth of a small
Brook running into the Connecticut River & carrying that Breadth back between Two
East Lines so farr as that a Parallel Line to the strait Line from the maple aforesaid to the
Elm aforesaid will make the contents of six miles square." [See Charter Rec. Vol. If, p.
286.]— Ed.

(2) " Dartmouth " — now called Jefferson.

204 PROVINCE OF NEW-HAMPSHIRE. J 1769.

which a> their Representatives it must be presumed they are best
acquainted, and further as the Executive Courts are by Law
appointed to be held at Portsmouth the Removing of them to be
held at any other time & place can not be constitutionally done
without an Act of Assembly and as the proposed agreement
not taken effect the House offer the Method hereafter expressed
as that which in their apprehension will be most Beneficial to the
people of any yet suggested, and therefore, Voted unanimously
that this Province be divided into five Counties, the first to be
Bounded as follows, viz.

Beginning at the mouth of Piscataqua river so called, and run-
ning up said River to the line between Newmarket & Durham,
thence following Durham line to Nottingham, thence north on
Durham line to the N. E. Corner of Nottingham, thence by Not-
tingham line to the corner of Chichester, thence southerly by the
head line of. Nottingham to Chester line, thence East by Cln
line to the N. E. corner of Chester, thence by Chester line to
Kingstown, thence between Sandown and Hawke & so between
Newton & Plaistow to the Province line, thence by said line to
the Sea and by the Sea to the first bound, Including that part of
the Isles of Shoals that belongs to this Province.

[p. 203.] Second County to be bounded as follows, viz. By
the line between Newmarket & Durham, then following Durham
line to Nottingham, then by Nottingham line to the corner to
Chichester, thence southerly by the head line of Nottingham to
Allenstown, thence between Allenstown & Epsom & between
Chichester & Bow and between Canterbury & Concord to Merri-
mack River, and up said River thro' Winnepiseokee Pond to
Wolfborough, then by Wolfborough South and East lines &
Watertown North line to the Province line, then South by said
Line down the River to Hilton's Point, then up said River thro*
the Great Bay to the line between Newmarket & Durham
aforesaid.

The third County bounded as follows, viz. Beginning in the
Province line between Newton and Plaistow and Sandown &
Hawke to Chester & between Chester & Poplin to Allenstown, &
between Allenstown & Epsom and Concord & Canterbury to
Merrimack River, then up said River to the North side of Salis-
bury, then westerly to the North End of Sunnipee Pond, then
southerly to the South end of said Pond, then to the N. E.
Corner of No. 8, then between No. 8 & Hillsborough, then be-
tween No. 7 and part of the land of Mason's Patent so called &
No. 6, & said Land, & between Dublin and Peterborough, and
between Temple & No. '2, between [pswich & Rindge to the
Province Line & Easterly by said line to the South Easterly
corner of Plaistow the first bound.

The Fourth County to be bounded as follows, viz. to Run
from the Province line North by the line of the third County line

1769. J JOUKNAL OF THE HOUSE. 205

to the North End of Sunnipee Pond, then North to the North
East Comer of Savil, then to the North East Corner of Gran-
tham, from thence by the North lines of Grantham & Plainfield
to Connecticut River, then on the River to the Province line,
then East on the Province line to the first bound.

The Fifth County to contain all the Land in the Province to
the Northward of the other four Counties within the lines of the
Province. The places where the Courts shall be held to be as
follows :

In the first County two Inferiour Courts, two Courts of General
Sessions of the Peace, and one Superiour Court at Portsmouth ;
one Inferiour Court and one Court of General Sessions of the
Peace at Hampton ; one Inferiour Court and one Court of General
Sessions of the Peace, and one Superiour Court to be held at
Exeter.

In the Second County two Inferiour Courts, two Courts of
General Sessions of the Peace and one Superiour Court to be
held at Dover; one Inferiour Court and one Court of General
Sessions of the Peace to be held at Durham ; and one Inferiour
Court and one Court of General Sessions of the Peace to be held
at Rochester.

In the third County, One Inferiour Court and One Court of
General Sessions of the Peace and one Superiour Court to be
held at Chester; and one Inferiour Court and one Court of Gen-
eral Sessions of the Peace and one Superiour Court to be held at
[p. 294.] Merrimack; One Inferiour Court and one Court of Gen-
eral Sessions of the Peace to be held at Concord ; and one Infe-
riour Court and one Court of General Sessions of the Peace to be
held at Londonderry.

In the fourth County two Inferiour Courts and two Courts of
General Sessions of the Peace and one Superiour Court to be
held at Keene ; two Inferiour Courts and two Courts of General
Sessions of the Peace to be held at Charlestown.

In the fifth County two Inferiour Courts and two Courts of
General Sessions of the Peace and one Superiour Court to be
holden at Plymouth ; One Inferiour Court and one Court of Gen-
eral Sessions of the Peace to be held at Piermont, and one of
each of these to be held at Moultonborough, all yearly, Said
Countys to be named as the Governor shall appoint & the time of
holding the said Courts in each County to be such as shall be
hereafter agreed on by the Governor Council & Assembly, all of
which to be ascertained in the Act for constituting, erecting &
Incorporating said Counties with the necessary duties & lines &
for granting the usual Privileges & franchises ; but that the fifth
County be not invested with the actual Powers of Exercising the
rights & Privileges of a County till the Governor & Council
shall judge there are People dwelling in the same sufficient for
that purpose, & in the mean time the Inhabitants there be deemed

£1:

10:

ODo.

IS:

Do.

18:

Do.
Do.

ay,

18:

Do.

S15:

14:

4. Do.

206 PROVINCE OF NEW-HAMPSH1RK. [1769.

to belong to such County as the Governor and Council shall order
.*& that a Bill be bro't in accordingly. Sent up by Col Moultoii,
Doc r Bartlett, Maj 1 Wright & Maj 1 ' Willard.(a) [The vote
received and read.]

(a) Votes of allowance, &c., from March 10 lh to 14 th 1769.
Col. Goffe, allowed £8: 13: 6 for holding sundry meetings.
Samuel Gerrish petition for a new hearing — granted.
Capt. Bell's muster Koll 1767 allowed £189: 17: 5 lawful money.
Capt. Bell for graving the Gov" 5 harge, £1:0:4, Do.

Capt. Bell, for soldiers in Fort Wm. & Mary 1768, £155: 18: 5 3-4 Do. for
his own supplys £5 : 7 : 3 lawful money.
Dan 1 & Rob 1 Fowle for printing Journals of the House, £20: 0: Do.
Abiel Chandler, for taking Simeon Miller to goal, £4: 18: 10 Do.
Eleazar Russell, for Gov rs postage 1767 & 1768, £11 : 2: 10 1-2 Do.

Do. for Gov 1 * postage, 1769, £12: 12: 10, Do.

Isaac Brown, for apprehending Ruth Blay (1) £10: 0: Do.
Benj. Clough, for service, at the trial of Ruth Blay

Do. for two journeys of Sarah Graves,
Miriam Morrill, for attendance, as witness,
Wm. Cooper, for Accts, relative to Ruth Blay (
Do. " J

Stephen Rogers, in full for his acct. relative to Ruth Blay,
Capt. Eliphalet Daniels accts for supplying prison £15:
Ezekiel Gummer, door keeper, allowed, 3$ per day &c. for services.
Doct. Josiah Bartlett's acct. £1:4: 0.
Petition of Judith Winn, for a hearing in Court — granted.

[All concurred ]

•

[p. 297.] Mr. Livius bro't from the Board the votes of t lie
House of the 7 th Inst, for the allowances to the Kev d Dr. Laugdon,
theRev d Mr. Haven & the Rev d Arthur Brown, lor their attending
& praying with the Council & House, that the Rev d Mr. Brown at-
tended in the Council constantly & Pray'd with them, & that Mr.
Langdon & Mr. Haven attended in the House by turns ; that Mr.
Brown's Duty and service was as much as both theirs, & yet
his allowance for his duty was no more than one of them, when
it ought to be as much as both.

Mr. Warner bro't from the Board sundry acts for the sale &
Expences of vending the Excise, in 1768 & 1769.

Mr. Secretary bro't from the Board the votes of the House for
the allowances of the members of the Hon ble his Majesty's Coun-

(1) '• Fridav. December 30th, I7l>!), Ruth Blay. of South Hampton, was executed in pur-
suance of the sentence of death pronounced upon her by the Superior Court at August
term last. She was indicted for concealing the birth of a bastard child, so that it might
not come to light., whether the said child was born alive or not. Wiseman Claggett, Esq.
was the King's Attorney who conducted the prosecution. The Court were, Theodore
Atkinson, Chief .Justice,* Thomas Wallingford, Mesheck Weare and Leverett Hubbard,
.Justices. She was convicted by the verdict of a Jury, and sentenced to be hanged by the
neck until she should be dead. This sentence was executed by Thomas Packer, Sheriff of
the Province, on a ridge of high land in a held, belonging to the south parish, lying on the
south road. Leading to Little Harbour. She was buried in the same held, near the bottom
-of the bill. A vast, concourse of people attended." [Ad. Annals, Portsmouth, p. 224.]

:m.

JOURNAL OF THE HOUSE, 207

cil, and the members of the House, sent up the 7 th Instant, con-
curred with this amendment, viz. That each Member of the
Council be allowed five shillings pr Day, for each day of their at-
tendance & each of the members of the House, be allowed three
gliillings per day, for each day of their attendance conformable to
the Law of this Province.

Mr. Warner bro't from the Board the Act for making a public
Road from the Town of Charlestown to the town of Boscawen,
with a Motion that Capt. John Parker of Portsmouth might be
put into said act as one of the Com tee to see said Road completed,
instead of Edward Goldstone Lutwyche Esq.

Voted That Capt. John Parker be put into said Act instead of
said Lutwyche. Sent up by Col. Goffe.

Tuesday March 14 th , 1769.

[p. 298.] The House took into consideration the amendment
bro't from the Board this day, respecting the allowances to the
Hon ble Members of the Council, & the Members of the House for
their attendance &c. And altho' many of the members of the
Assembly are oblig'd to Travil much farther than in the year 1718
when the wages of the Hon ble Board & House was settled by the
Province Law, yet to avoid any needless disputes on the matter,

Voted That the proposed amendment of the Hon bIe Board be
concurr'd, provided they receive their pay at three shillings one
farthing lawful money pr Day, the value of five shillings at the
time the Law of the' Province in this case provided was pass'd.
Sent up bv the Clerk.

Samuel Hobart, CPk, P. T.

Mr. 8ec v bro't from the Board the votes of the House for the
allowances for the Members of the Hon ble Council & the members
of the House concurr'd with this amendment, That each Member
of the Assembly receive one shilling & ten pence pr day for each
day of their attendance.

Eodem Die — Read & Concurr'd. Sent up by Col. Goffe.

Sam 1 Hobart, C. P. T.

[p. 299.] Upon a Motion being made that the allowance to
the Rev d Mr. Brown for his attending as Chaplain to the Council
should be ten pounds for his attendance, instead of five, which
motion being considered,

Voted, That the House adhere to their former vote. Ad-
journed.

208 PBOVINCB 0¥ NEW-HAMPSHIRE. [178ft,

Wednesday, March 15 th 1769. (a)

(o) Jour. C. & Assm. Mar. 15. Tlie petition of Samuel Hall of Portsm ,
setting forth That lie improves the Land where, and near the Gallows on
which Ruth Blay was Hang'd, was fixed; and had the year before made a
< considerable Q'tt'y of new Fence and Stone wall, which was almost broke to
pieces and thrown down by the crowd of people who attended the Execution,
and other damage done to his Pasture by the Horses, for which he ch
£10 Lawful money, and prays that as the Execution of all Criminals are
defray' d at the public Expense, his case may be considered and damages
allow' d — Read.

P. M.

Mr. Sec v , Mr. Rindge and Mr. Rogers bro't from the Board the
following Resolve, viz.

Province of New Hampshi'

In Council March 15 th , 1709.

The expediency and utility of Dividing the Province into Counties being
[p. 300. J generally acknowledged in order to the more convenient administra-
tion of Justice to and among the Inhabitants of this Province Especially
those of the more remote Western and Northern parts thereof — And as his
Exc> the Governor has been Pleased to signify by a message to the Assembly
his Inclination that the Province should be Divided into five Counties, three
of which to be immediately Enfranchised with their necessary Jurisdictions
and Privileges and other two not to be sett oft' till they are better cultivated
and have more Inhabitants Resident thereon, and as the Assembly have sent
up a Resolve to the Council tor their concurrence tor dividing the Province
into and ascertaining the lines of five Counties, four of which to be immedi-
ately Enfranchised &c. which Division appearing to be unequal it proposing
one more active County than was Recommended by the Governor — His
Majesty's Council taking the same into their consideration came to the lol-
lowing Resolve, viz. That agreeable to his Excellency's Message the Province
be Divided into five Counties, three of which only to be Enfranchised at
present, the other two to Remain till the Governor with advice of Council!
may think them properly Qualified to extend to them the Requisite Fran-
ehises.

First County, Bounded Northerly by Piscataqua River from the mouth
thereof to the line between Durham and Nottingham & between Notting-
ham & Harrington, & between Chichester and Epsom, & between Concord
and Canterbury, to Merrimack River, and down the same to the dividing line
between this Province and the Massachusetts Bay, then Easterly following
the Dividing line aforesaid to the Sea, then by the Sea to the mouth of Pis-
cataqna River where the bounds began, with that part of the Isle of Shoals
which lies in this Province, and all that part of Bow lying on the Westerly
side of Merrimack River to be included in this County.

Second County, Beginning at the Northerly line of the First County between
Newmarket and Durham, and following said line to Merrimack River, then
[p. ;J01.] up said River to Winipesiokee pond, and on the Southerly side of
said pond to the Westerly corner of Wolfeborough and on the Northwesterly
Bide of said Wolfeborough & continued to the Northwesterly Corner of
Leavitts Town so called, and from thence on the Northwesterly side of said
Leavits Town to the Province Line, and so on said Province line to Hilton's
Point, and from thence to the River westerly to the bounds first mentioned.

Third County, Beginning at the Province line on the westerly side of Mer-
rimack River where said Line crosses the same, from thence westerly as the
Province line Runs to Connecticut River, and up said River Northerly to the
Northwesterly corner of Clairmont, A- from thence to the Northeasterly cor-
ner of Bakerstown on Pemegewasset River, all the Towns divided by this

1769.] JOURNAL OF THE HOUSE. * 209

line to belong to this Comity & from thence thro' Pemegewasset River &
Down said River to the Bounds first mentioned — where Merrimack divides
any Town or Towns, they are to belong to the first County.

Fourth County, To begin at the Northwesterly corner of Clairmont, then
up thro' Connecticutt River to the Northwesterly corner of Haverhill, then
on the Northerly sides of Haverhill Coventry & Peeling, then on the Easterly
side line of Lincoln to the Northeasterly corner thereof, then by an Easterly
line to the Town of Chatham, & on the Northerly side of said Town to the
Province line, then southerly on the Province line to the Northeasterly
corner of Leavitt's Town (1), then on the Northwesterly side of Leavitt's
Town & across the ungranted land to the Northerly corner of Wolfeborough
& on the Northwesterly side of Wolfeborough to Winipesiokee pond, and on
the southerly side of Winipesiokee pond to Winipesiokee River, down said
River into Merrimack River to the Northerly corner of Boscawen, from
[p. 302.] thence by a strait line to the Northwesterly corner of Claremont,
being, the bounds first mentioned. If any Town or Towns are divided by
this line they are to belong to the Third County.

Fifth County, To begin at the Northwesterly corner of Haverhill, to Run
up & thro' Connecticut River to the Province line, then on the Province line
southerly by said line, untill it meets with the northerly corner of the Town
of Chatham, then on the northerly side of said Town to the Northwesterly
corner thereof, from thence on a strait line to the northeasterly corner of
Lincoln.

And as it would be very inconvenient at present to set off & enfranchise
the fourth and fifth Counties, it is Resolved, that they be hereafter enfran-
chised & set off by an Act of the Governor and Council, according to the
lines herein before described, whenever it shall appear to them expedient,
and that for the present the following Townships be annexed <fe included in
the Third County, viz. Cornish, Saville (2), Croydon, Plainfield, Grantham,
Protectworth (3), Lebanon, Endfield, Grafton, Hanover, Canaan, Cardigan (4),
Lime, Dorchester, And that the remainder of the fourth & fifth Countys be
for the present annexed & included in the Second County.

Read & order' d to be sent down to the Hon ble Assembly for concurrence.

T. Atkinson, jun. Secy.

Which Resolve of Council being considered,
Voted, That Mess rs Waldron, Weare and Livermore be a
Coni tee to prepare an answer. Adjourned.

[p. 304.] Thursday, March 16 th 1769.

The Com tee appointed to Prepare an Answer to the Resolve of
Councill bro't down yesterday Presented the Draft of an Answer
which was read and is as follows, viz.

In the House of Representatives, March 16 th , 1.769.

The Resolve of the Hon ble Councill of the 15 th Inst, concerning
the Division of the Province into Counties being Read and Duly
Considered, The House are of opinion that the Division therein
set forth would not be so advantageous to the Province as the
Division set forth in the Resolve of this House of the 9 th Instant

(1) Now called Effin gham. (3) Now, Springfield.

(2) Now, Wendell. (4) Now, Orange. — En.

210 PROVINCE OF NEW-HAMPSHIRE. [1769.

on that subject. The House haviug considered not only the
present Inhabitants of the Province but also the Lands capable
of being inhabited to any tolerable degree hereafter together with
the situation and conditions of the Roads, Rivers, ferrys, Moun-
t lins, Markett Towns &c. all which eminently point out the use-
fulness of the said plan of Division adopted by the House.
Therefore

Voted and Resolved, That the said Resolve of the Hon bl *
Councill be non-concurrd, and that the House adhere to their s d
Resolve of the 9 th Inst, with this alteration, viz. That only three
of the said five supposed Counties be Enfranchised at present,
the other two to Remain till the Governor with advice of Coun-
cill may think them properly qualified to extend to them the
Requisite franchises.

Which Answer being consider'd, Voted that it pass and be sent
to the Board for their concurrence. Sent up by Col Willard,
Doc" Bartlett & Lt. Burley.

[p. 305.] The votes for allowance to the Rev d Doc 1 ' Langdon
Mr. Brown and Mr. Haven bro't down from the Board by Mr.
Livius to be altered as to the sum, as by a message from the
Board the 14 th Inst, being considered, Voted That the Proposed
Alteration be made, That Mr. Brown's allowance be ten Pounds.
Said votes were sent up to the Board again by Mr. Burley.

P.M.

Mr. Sec y and Mr. Rogers bro't down from the Board the fol-
lowing Resolve of Council, viz.

Province of )

New Hamp 1 f In Councill 16 th of March 1769.

The remote situation of the Inhabitants about Connecticutt River in tin-
Province Rendering the administration of Justice to them very expensive
and difficult which is a matter of Real grievance and just Complaint, for the
future Removal thereof, It is Resolved that the westerly part of the Province
be set off in a Separate County by the following lines.

To begin at the Province line between New Ipswich and Rindge, then
Northerly between, the said Towns, between Temple and Monadnock No.
2(1), between Peterborough and Dublin, between part of the Land of
Mason's Claim or pattent and No. 7 (2), Between Hillsborough and No. 8, to
the Northeasterly Corner of No. S, (3) then Northerly to the south end of
JSunnipee Pond, then easterly to the North End of said Pond, then North to
the Northeast Corner of Savil, then to the Northeast corner of Grantham,
then by the North lines of Grantham & Plainfield to Connecticutt River,
then on the River to the Province line, then East on the Province Line to the
place began at.

Read and ordered to be sent down to the Hon hl ° House.

T. Atkinson, jun. Sec- V .

[p. 306.] Which Resolve of Council being read and consider'd
voted that it be concurr'd. Sent up by Mr. Wiggin.

(l)No. 2 is now called Wilton.

(2) No. 7 is now Hillsborough.

(3) No. 8 is Washington. — Ed.

1769.1 JOURNAL OF THE HOUSE. 211

An Act to" Enable the several Towns & Parishes in this Prov-
ince to choose persons at their respective General Meetings to
examine and seize Bread under the weight by Law Established,
having been three times read,

Voted That it pass to be enacted. Sent up by Capt. Chamber-
lain. [Concurred and passed.]

Mr. Sec y and Mr. Rogers bro't down from the Board the fol-
lowing Resolve in Council, viz.

Province of New Hamp r .

In Council 16 th March, 1769.

Resolved That a County be set off by the following lines — to begin at the
Province line between New Ipswich & Rindge & from thence to follow the
lines of the westerly County as described in the vote of the 9 th Instant, & the
Resolve of Council of this day as far as the north end of Sunapee pond, &
then by the northwesterly lines of Dantzick & Heidelbourg, (1) by the north-
erly line of Heidelbourg, and by the northwesterly line of Emery Town (2)
lo Pemigewasset River down the same to Merrimack River, and down the
same to the Province line, & along the said .line to the place begun at. The
Towns Divided by this line are to remain in the Easterly County & the
Towns of Derryfield (3), Litchfield & Nottingham West to be added to the
County now described if those Towns think it will be most convenient to
•them.

Read and order' d to be sent«down to the Hon ble Assembly for concurrence.

T. Atkinson jun. Secy*".

[p. 307.] The Resolve of Councill last bro't down being con-
sider'd, Voted that it be concurr'd. Sent up by Col Goffe & Mr
Baker. Adjourned.

P. M.

Mr. Livius and Mr. Rogers bro't down the following vote.

In Council March 17 th 1769.

His Excellency the Governor having recommended the Division of the
Province into three active Counties and two others to be hereafter set off;
and the Councill and house having concurr'd insetting off two westerly Coun-
ties it yet remains to Describe the line by which the two Counties hereafter'
to be set off may be bounded, The Council are of opinion that the following
lines would be most suitable.

To begin at Connecticutt River at the northwesterly Corner of the Western
County and follow the northerly line of the said County and of the middle
County to Pemigewassett River Down the said River to the mouth of Wini-
piseokee River up the same to the lines between Canterbury and Gilmantown
along the same, then along the Northwesterly and Northeasterly lines of
Barnstead and along the Northwesterly line of Rochester to Newichawannock
River. All to the Northward of the said lines to be hereafter by Act of the
Governor and Councill set off and Divided into two Counties by such lines as
then shall appear to be suitable whenever the abilities & Exigencies of y e
Inhabitants thereof shall Render it necessary and convenient. Read and
ordered to be sent down to the Hon ble House for their concurrence.

T. Atkinson, jun. Sec^.

(1) ''Dantzick and Heidelburg," were sections which now embrace New London, Dan-
bury and part of Sutton.

(2) The town of Andover was formerly called "Emerytown," from the name of one of
the original settlers. It was also called New Britain.

(3) " Derryfield," now Manchester.— Ed.

212 PROVINCE OF NEW-HAMPSHIRE. J1769.

[p. 308.] Saturday March 18 l \1769.

The vote of Councill bro^t from the Board by Mr. Livius <fc Mr.
Rogers, being read and considered,

Voted, That it be non-concurred. Sent up to the Board by
Capt. Worth en and Capt. Merrill.

Tuesday March 21 Bt 1769, p. m.

Mr. Warner and Mr. Rogers bro't down from the Board the
following Resolve in Council, viz.

Province of N. Hamp 1

"In Council 21* March, 1769.

Whereas the Hon l,le Assembly have concurr'd the votes of Council for
Establishing the lines for setting off from the first County the two Western
Countys, & as it yet remains that the line between the first County and the
two Northern Counties proposed to be at present without the exercise of
County Privileges & that nothing may be wanting on the part of this board
that may contribute to compleat the division, do further Propose & 'tis
hereby Resolved that a line beginning at the mouth of Piscataqua River &
up the same to the line between Durham and New Markett, and by that line
and the line between Durham and Nottingham, and between Nottingham
and Barpington, & between Chichester and Barnstead, and between Gilman-
[p. 309. J town & Canterbury to Winipesiokee River, then down said River to
Merrimack River, and down Merrimack River to the dividing line between
this Province & the Massachusetts Bay, (including those towns within this
County which are divided by Merrimack River) then easterly following the
said dividing line between said Provinces to the Sea, then by the Sea to the
mouth of Piscataqua River, where the bounds began, including that part of
the Isles of Shoals that belong to this Province, shall be the bounds of the
first County, setting off Litchfield, Nottingham West and Derry field to the
nearest Western County if desired by said Towns, and the other Part of the
Province not included in this and the other two Western Countys, be divided
into two other Counties.

The within Resolve Read & ordered to be sent down to the Hon hle Assem-
bly for concurrence.

T. Atkinson, jun. Sec v .

The Petition of Joshua Bean and William Bean of Brentwood
of the people called Quakers for relief from a Tax assess'd on
them in the year 1758 for charges of the war and Representing
they had done their proportion tfec. Being Read and consider'd,
Order'd That the Clerk of the House write to the Selectmen of
Brentwood to inform them that they may offer what they think
Proper Relative to the above Petition on the third Day of the
siting of the General Ass m after the fourth day of Apr 1 next as a
Hearing on the Petition of John Scribner and others Relative to
the same matter is appointed on that Day.

$769. 1 JOURNAL OF THE HOUSE. 213

Wednesday March 22 d 1769.

The Resolve of Councill bro't down yesterday Read and Con-
curr'd. Sent up by the Clerk.
Mr. Sec v and Mr. Peirce bro't down the following Resolve, viz.

Province of New Hampshire.

In Councill, 22 d March 1769.

The Councill and House having concurr'd in lines for Dividing the Prov-
ince | p. 310.1 into three Active Counties, It is further Resolved That all the
Land within this Province not contain 1 d in Either of the said three Counties
be hereafter sett off by Act of the Governor and Councill according to the
following lines whenever it shall appear Expedient to the Governor &
Council.

The Fourth County,, To begin at the Northwesterly corner of Canterbury
down Winipiseoke River to the mouth of Pemigawasset River, up the same
Round the westerly End of Campton and along the Northerly sides of Camp-
ton, Sandwich & Tamworth and thence strait to the Province line on the
same course with the northerly line of Eaton, southerly along the province
line to the north westerly Lines of The First County & along the same to
the place begun at.

The Fifth County, to contain all the land in this Province not contain' d in
any other County. And for the present the following towns shall be an-
nexed & included in the most Westerly County untill the Before mentioned
Divison by Act of the Governor & Councill shall take place viz. Lebanon,
Grafton, Canaan, Relhan,(l) Hanover, Cardigan. (2)

The remainder of the Fifth County and all the fourth County to remain
annex' d and Included in the first County for the present.

Read and order* d to be sent down for concurrence.

T. Atkinson, jun. Sec>'.

P.M.

The Resolve of Councill bro't from the Board in the forenoon
eonsider'd and concurr'd with this amendment — That the County
wherein Dover is contain'd be one of the Active Counties at
present, and that one of the Western Counties whichever the
Governor and Councill shall Please be annexed to some other
County untill the Governor and Councill shall think Proper to
extend to them their proper Privileges. Sent up by Doc r Bart-
lett, Mr. Burley & Maj r Willard.

[p. 311.] Whereas this House have concurr'd the several votes
of the Hon ble Council for Dividing the Province into Counties
and the Dividing lines are thereby agreed on, and it is necessary
also to Determine the proper places for holding the Courts in the
several Countys before an Act is drawn up for Establishing' the
aforesaid Division, Therefore,

Voted, That there be held annually two Courts of Comnio
Pleas, two Courts of General Sessions of the Peace and one
Superiour Court in the town of Portsmouth, and the like Num-
ber of Courts in the Town of Exeter for the County wherein

(1) Relhan, now called Enfield.

(2) Cardigan, now Orange.— Ed.

214 PROVINCE OF NEW-HAMPSHIRE. [176ft

those Towns are situated. [Sent up to the Board March 23 d by
l)oc r Thompson.]

The Com tce appointed to Determine the most suitable Place for
Beting a meeting House in the Parish of Raymond make the fol-
lowing Report, viz.

»£& \ »" »- 1W-

Pursuant to the aforegoing vote, we have viewed the said Parish and agree
to Report that we think the site of a Meeting House at the westerly End of
the Lott No. 37 Laid out to Samuel Shaw at a place called Sled Hill will best
accommodate said Parish.

Which is Humbly submitted by

John Webster )

Eben r Stevens > Com 1

Eliphalet Merrill )

Which Report was Read and Ordered to lay for Consideration.

Mr. Levins and Mr. Rogers bro't Down from the Board the
Resolve of Councill of the 22 d Inst, with the vote of the House
thereon concurring with an Amendment, upon which vote of the
House the Council have pass'd the following Resolve, viz.

Thursday, March 23 d 1769.

Read and non-concurred, and unanimously Resolved to adhere to our
former Resolve.

T. Atkinson, jun. Sec- V .

Which Resolve of Councill being considered

Voted, That it be concur'd. Sent up by Maj r Downing, Mr.
Jenness & Maj* Hobart.

P. M.

The House thinking it best to know the Determination of the
Councill on the vote of the House respecting the Places for hold-
ing the Courts in the first County before they send up any other
votes, adjourned till to morrow nine o'clock.

Fryday March 24 th 1769.

Hearing nothing from y e Councill, adjourned to three o'clock
p. m. [and so from time to time, till]

[p. 313.] Tuesday March 28 th 1769, p. m.

Mr. Sec y , Mr. Jaffrey and Mr. Rogers Bro't from the Board the
vote of the House of the 22 d Instant Relative to the Places where
the Courts should be held in the first County, with the following
vote of Council thereon, viz.

1769.] JOURNAL OF THE HOUSE. 215

In Councill, 28 th March 1769.

Read and concurrd with this amendment, that there be two Superior
Courts annually held in the Town of Portsmouth, and no Superior Court
held in the Town of Exeter.

T. Atkinson, jun. Sec}'.

Which amendment Propos'd by the Council being Read was
unanimously non-con cur'd, and

Voted to adhere to the vote of the House as sent up. Sent up
by Maj r Hobart, Capt. Worthen, Capt. Merrill.

Mr. Sec y came from the Board and Informed the Speaker and
the House that the Vote of the House sent up by Maj r Hobart
and others was unanimously non-con cur'd by the Councill. Ad-
journed.

Wednesday March 29, 1769.

Mr. Sec y and Mr. Warner bro't down the following Resolve in
Councill, viz.

Province of

New Hampshire J In Coundl > 29 ' h March 1TC9 '

The Council & House having concurr'd in the lines of three Counties to be
immediately set off,

It is Resolved, that there be annually held in the Western County, Two
Courts of General Sessions of the Peace, Two Inferiour Courts of Common
Pleas, & one Superiour Court in the Township of Keen, & two General Ses-
[p. 314.] sions of the Peace & two Inferiour Courts of Common Pleas in the
Township of Charlestown. Read and order'd to be sent down.

T. Atkinson, jun. Sec^.

Mr. Rindge & Mr. Rogers bro't down the following Resolve in
Council, viz.

New' Hampshire \ In Council ** March > im

Resolved, That there be annually held in the Third or Middle County one
Superiour Court, four Inferiour Courts of Common Pleas, and four Courts of
General Sessions of the Peace, in the Town of Amherst. Read & ordered to
he sent down.

T. Atkinson, jun, Sec.

P.M.

The Resolves of Councill Respecting the Places for holding
the Courts taken under Consideration and a Com tee appointed to
Prepare a vote to send up. Adjourned.

Thursday, March 30 th 1769.

Message from the Board by Mr. Jaffrey, That he was Directed
by his Excellency to Inform the House that there was a Demand
this Day made on the Treasury by one Person for the Exchange

216 PROVINCE OF XEW-HAMPSHLBE. [1769.

of Paper Bills to the amount of Six Thousand Pounds Old
Tenor.

Whereas the Hon ble his Majesty's Council! have sent down to
this House two votes of the 29 th Instant Declaring the Places for
holding the Courts in the Westerly and Middle Counties to be
[p. 315.] Erected in this Province, and the House conceiving it
would be most convenient to settle the Places for holding "the
Courts in all the Proposed Counties in one Act, have Resumed
the consideration of that matter with Respect to the Lower or
Easterly County, which being an important article for the accom-
modation of the People, The House are Desirous it may be
Reconsider' d and hope the Hon bU ' Councill will Readily concur in
the Proposal and joyn with the House in the motion, and that
the matter may appear in a just light, the House would offer the
g-rounds ami Reasons which induce them to think that in this
County half the Courts ought to be Removed out of the Town
of Portsmouth and held in some other Place or Places in the
County, viz. The great End of all government is the good of
the Govern'd, and the Institution of Courts is for the benefit of
the People for the security of their lives and Properties by a
Regular Administration of Justice and due Execution of the
Laws, the Tenure by which they hold both ; which Depends on a
due knowledge of facts, without which the Rules of Law cannot
be Rightly applyed — That the facts Relative to any controversy
bro't before a Court of Justice are to be proved by matters of
Record or by matters transacted in the Country or among the
People. There are few cases determined merely by the former
kind of Evidence and the hitter kind can be only by the oaths of
witnesses and they are generally to be found residing where the
Cause of Action .-irises of which not ten in a hundred of dis-
puted actions has hitherto happened at Portsmouth — That the
right Determination of a cause depends more on the Examination
of Witnesses before the Jury in open Courts than upon anything
whatever where the right knowledge of the facts is the point in
question, & therefore the Common law allow'd no other way, nor
has any statute or Provincial law Provided an adequate remedy
or method in Lieu thereof. This makes some other place than
Portsmouth absolutely necessary to hold at least half the Courts
at which the trial is final for this County, — To have the advan-
tage of Examining witnesses in open Court, without which
Justice is often eluded, and for the ease of Witnesses, Parties &
Jurymen, not only with regard to their Travel but as to the
Expence of their support, it often happening the Courts are
necessarily adjourned to such seasons as horse-keeping and other
necessaries are very expensive here which would be much cheaper
at some other place — That the house apprehend that these are
the principal reasons which can be really of any weight in the
settling the places of the Courts sitting — All other considera-
tions being foreign to the good of the people and without this

1769. 1 JOURNAL OF THE HOUSE. 217

advantage the setting off this County will be rather a B&rden
than service to the people for it will Increase the charge and if
the remote parts are still to come here to transact all Publick
[p. 316.] Business, What ease and relief have they under their
present grievance. That in the consideration of this matter the
house have endeavour'd to Divest themselves of all Partiality and
pray the Hon ble Board wou'd candidly consider their Profess'd
motives. And as this House judge the Town of Exeter to be the
most central of any part of this County and fittest for the Pur-
poses aforesaid, it is hereby

Resolved and voted, That one Superior Court two Inferior
Courts and Two Courts of General Sessions of the Peace be
holden at Exeter yearly, or that one Inferior Court and one
Court of General Sessions of the Peace be holden at any such
other place as the Council shall judge propper out of the Town of
Portsmouth, but that one Superior Court, two Inferior Courts
and two Courts of General Sessions of the Peace be held yearly
at s cl Portsmouth which scheme the house apprehend will give
General Content in the Province. Sent to the house in the
-afternoon by Col Goffe, Mr. Burley & Capt, Stevens.

P.M.

A message from the Board by Mr. Jaffrey & Mr. Rogers to
Enquire whether the Resolves of Councill for appointing the
Places for holding the Courts in the Western & middle Countys
were acted upon by the House.

In answer to which a message was sent to the Board by the
Clerk to inform them That the votes Enquired after are not yet
Acted on by the House. Adjourned.

[p. 317.] Fryday March 31, 1769.

. A message was sent to the Board by the Clerk, Mr. Parker and
Col Goffe to Desire the Councill to reconsider their Resolve
Respecting the Places for holding the Courts in the middle
County, and also to pray the Councill to Determin as soon as
may be Respecting the Places for holding the Courts in the first
County and let the House know their Determination. The said
Resolve of Councill was carried up and the Councill Requested
to hear what some Persons acquainted in those parts may offer
relative to Amherst or Merrimack which may be the most conve-
nient place for hold 8 the Courts.

A message from the Board by Mr. Sec v , Mr. Pierce & Mr. Noyes
to inform the House that the Councill have heard what the several
persons acquainted in those parts who have been before them have
offered respecting the Places of holding the Courts in the middle
■County and are of opinion that at Present Amherst is the most
proper place, and left the Resolve in the House.

218 PROVINCE OF NEW-HAMPSHIRE. [176$

Mr. Sec y , Mr. Warner and Mr. Pierce Bro't from the Board the
following Resolve in Council], viz.

Province of New Harnp''

In Councill, 31 st of March 17G9.

The Council having Read and Duly considered the vote of the House or"
the 30 th Instant concerning the Places for holding the Courts in the Easterly
proposed County, are of opinion that no sufficient Reason has yet been given
for Removing any of the Courts out of the Town of Portsmouth where they
have been long Established, and that there is a considerable difference between
choosing a proper seat for Courts of Justice in a new County, and between
Disturbing and altering the well Established Order and long Established Pie-
sort of the People for Justice: That the Question is not where the seat of
Justice ought to be Established in the Easterly County, it" having been already
long Established, but whether the Reasons given for the removal of some of
the Courts from the Town of Portsmouth are sufficient, and however this
Question may be Decided, the Council are of opinion that it would be a very
(p. 318.] distressing measure, a very unequal Procedure to delay on that ac-
count the Relief of the remote western Inhabitants of the Province whose
distant situation renders the necessity of dividing them into Countys very
pressing and in order to promote this Division and as far as possible to pre-
serve an unity of opinions or at least of Resolutions between the Council and
Honorable Assembly, It is

Resolved, That Two inferior Courts of Common Pleas and two Courts of
General Sessions of the Peace for the Easterly County be holden in such
place as the House shall deem most convenient for the accommodation of the
Remote Inhabitants of the said County, but that the rest of the Courts for
the said County shall continue to be holden at Portsmouth. Read & sent
down for concurrence.

T. Atkinson, jun. Sec>.

P. M.

The House took under consideration the Resolve of Council
bro't down in the forenoon and after debating thereon Prepared
an answer thereto. Adjourned.

Saturday April l 6t , 1769.

The Answer to the Couneills Resolve prepared yesterday is as
follows :

In the House of Representatives March 31, 1769.

The House having Read and duly considered the Resolve of the
Hon u Councill of this Day relating to the Places of holding the
Courts of Justice in the proposed Easterly County are very sorry
to find their sentiments on that subject so different from those of
the House who cannot help thinking that a , little further atten-
tion will induce the Councill to judge more favorably of & come
into the sentiments of the House on that matter, That as to the
reason given by the Council for continuing the Superior Courts at
[p. 319.] Portsmouth from the length of time since the Establish-
ment, the House think it cannot avail if the different circum-
stances of the Province when that Establishment was made is com-
pared with the present and Especially that Portsmouth was then

1769.] JOURNAL OF THE HOUSE. 21$

the only place of safety & the greatest distance of any person
concerned Did not exceed fifteen or sixteen miles & those at that
distance very few ; that length of time is of no weight when the
point under consideration, is whether the different situation of the
People does not require an alteration which they have earnestly
desired for near thirty years, the want of which they have so long-
complained of as a heavy burthen ; That the Inducement to the
House to concur with the Hon ble Council in making this County
so large was the hopes of Relief to the People in this case that
they might have the administration of Justice in the Dernier Re-
sort bro't nearer home, for it seems plain that if that cannot be
agreed to the Western line of this county ought not to extend to
Merrimack River, which as it does if the Inhabitants are not re-
vived in the premises they will be in a much worse condition
than if there had been no Division ; That as to the Question why
the matter should not be compleated as to the Counties about
which we have no dispute, the house observe that the Act pro-
posed is to pass with a suspending clause & when his Majesty had
given his fiat it will be a very difficult & perhaps costly Business
to obtain an alteration, which makes the House so solicitous to
compleat the whole in one Act, they therefore think it inconsistent
with their duty to their constituents to concur with that said Re-
solve as it now stands.

Read and voted to be sent up to the Hon ble Council. Sent up
by Messrs Toppan, Wright & Bartlett.

The Hon ble Mr. Sec y Mr. Livius and Mr. Rindge Bro't Down
the following Resolve in Council, viz.

In Council l si April 1769.

It is Resolved that one Superior Court, one Inferior Court of Common.
Pleas and one Court of Gen 1 Sessions of the Peace of the Easterly County be
holden in such Place as shall be tho't most convenient for the accommoda-
tion of the Remote Inhabitants of said County, but the Rest of the Courts
for the said County shall continue to be holden at Portsmouth.

Read and order' d to be sent down for concurrence.

T. Atkinson, jun. Sec v .

In the House of Representatives Eod m Die.

The above Resolve of the Hon ble Council Read and concurr'd.
[p. 320.] And further Voted, That the Superior Court and Court
( of General Sessions of the Peace & Inferior Court of Common
Pleas to be Removed out of the Town of Portsmouth be held
yearly in the Town of Exeter. Sent up by Mess rs Goffe, Wiggin,
Downing & Thompson.

The Resolve in Councill of the 29 th of March Respecting the
Places for holding the Courts in the Western County was taken
under consideration, Read and Concurr'd.

Sent up by Mess rs Willard, Baker, Bartlett & Greeley.

The Resolve in Councill of the 29 th of March Relative to the

220 PROVINCE OF NEW-HAMPSHIRE. j 1709.

Places for holding the Courts in the Middle County was taken
under consideration, Read and Concur'd.

Sent up by Mess™ Willard, Baker, Bartlett & Greeley.

Adjourned.

Monday, April 3 d 1769.

Voted That William Parker and Samuel Livermore Esq' be a
Com tee to joyn with such as the Hon ble Councill shall appoint to
prepare a Bill or Bills for Dividing the Province into Counties ana*
to Establish the times and Places for holding the Courts, &c.
agreeable to the Votes of the General Assembly. Sent up for
concurrence by Doc 1 Thompson. [Concurred, and Hon blc Daniel
Warner and Peter Livius, added.] Adjourned.

Tuesday, April 4 th 1769.

[p. 321.] Mr. Sec y Bro't down the petition of Samuel Hall,
praying for an allowance for Damages Done his Land, fences &c.
By the Execution of Ruth Blay — which Petition being consid-
er'd

Voted That it be Dismissal.

The Sec y also inform'd the Speaker that the vote of the Hou.se
of Saturday last for holding Courts at Exeter &c. was concurr'd
by the Councill.

P. M.

The House took under consideration the allowances to be made
to the Councill and Assembly and Pass'd the following vote, viz.

Voted, That each member of his Majesty's Councill be allowd
and paid six shillings and Eight pence per Day for every Day of
their attendance in General Assembly from the seventeenth Day
of May 1768, until! the Dissolution of the Present General As-
sembly, and also two pence half penny per mile for Travelling to
and from the Place of the sitting of the General Assembly every
time the General Assembly is adjourned or Prorogued from Satur-
day till Monday or for any longer time During the said term, to
be paid by the Treasurer upon a Certificate from the Secretary.

Also that each member of the House of Representatives be
allow'd and paid the sum of six shillings pr Day for every Day of
their attendance in General Assembly from the said sixteenth Day
of May 1768 until! the Dissolution of the present General Assem-
bly, also two pence half penny pr mile for travelling to and from
the place of the sitting of the General Assembly every time the
General Assembly has been or shall be adjourn'd or Prorogued
[p. 32'2.] from Saturday till Monday or for a longer time ; Except
such as live more than twenty miles Distant from the Place where

1769.| JOURNAL OF THE HOUSE, 221

the General Assembly sitts, who are not to be allowed Travil un-
less when the General Assembly has been or shall be adjourned,
or Prorogued for a longer time than from Saturday till Monday,
but when the General Assembly shall be adjourned or Prorogued
from Saturday till Monday, instead of Travil to be allowed one
days pay, and that the said members be paid by the Treasurer
upon a certificate from the Clerk of the House of Representatives,
Also that the Clerk of the House of Representatives be allow'd
the sum of six shillings per Day for each Day of his attendance
in General Assembly in that capacity Exclusive of his wages as a
member of the House of Representatives to be paid him by the
Treasurer upon a Certificate from the Clerk of the House of Rep-
resentatives all the allowances here made to be paid out of money
that is or shall be in the Treasury.

Sent up by Maj r Wright & Capt. Chamberlain.

Mr. See 7 and Mr. Rogers bro't from the Board y e vote of the
House of this day with the following vote of Councill thereon, viz

In Councill, eodeni die, Read and concurred with this amendment, That
each member of the Council receive Eight Shillings per Diem Enstead of six
Shillings and Eight pence, (a)

T. Atkinson, jun Sec^.

(a) Votes, bills, acc ts , &c. passed by the House and concurred by the Coun-
cil from March 15 th to April 4 th , 1769.

Petition of Samuel G-errish for an action of Review against John Parker of
Litchfield, in an action of ejectment, &c. granted.

An Act for the freeholders of Hampstead to collect an assessment — passed.

Petition of John Walter Cook and others, bakers, praying relief from the
hardships of the law relating to bread, — Act passed.

Petition of Judith Winn for a re-hearing of a case in Court against Joseph
> Kelley — granted.

Act to enable Samuel Pierce and Anna Mitchell to sell part of the real
estate of Robert Mitchell, dec'd.

Mr. Sec y came into the House and inform'd the Speaker and
the House That his Exc y had tho't proper to adjourn the Gen 1
Ass m of this Province to Monday the 17 th Inst, at ten o'clock in
the forenoon.

Attf M. Weare, Cl r .

[p. 323.] Monday, Ap 1 17 th , 1769.

[Adjourned till]

Tuesday, Apr 1 18 th 1769, p. m.

The House taking under consideration the vote of the Council
concerning the vote of the House of the 4 th Instant for allow-
ance to the Council and Assembly with this amendment, That
each member of the Councill Receive Eight shillings pr diem
instead of six shillings & Eight pence.

~222 PROVINCE OF NEW-HAMPSHIRE. [1769.

It was put to vote whether the amendment proposed by the
Councill should be concurr'd. It passed in the Negative.

[p. 324.] Wednesday, Ap r 19, 1769, p. m.

The Dep y Sec y bro't down the Ace 1 of Isaac Rindge Esq r for
the expenses of Running the Northeasterly Boundary line of this
Province, with the following Message from his Exc-, viz.

Mr. Speaker and Gentlemen of the Assembly —

The Province of the Massachusetts Bay having lately agitated a claim to a
very considerable tract of land within and upon the No. East line of this
Province which claim includes among others, part of the Town of Rochester,
their Pretentions appearing to rest solely upon the supposed uncertainty of
the Province Divisional line, It was therefore Expedient and I Directed the
Surveyor General of Lands for this Province to Perambulate and Renew the
line heretofore authoritatively surveyed admeasured and marked by Walter
Bryant Esq. and for further certainty and more Incontestable Evidence to
have with him the said Walter Bryant Esq. as an assistant to this purpose
under oath. Also to extend by Actual admeasurement and plainly to mark
the Remaining part of the said line as Described Directed and ordered by the
confirmed Judgment of the Commissioners for settling the lines of this
Province, and as is now Expressed in his Majesty's Commission for the Gov-
ernm* of this Province. One hundred miles in this service has been faithfully
and skillfully Performed and will undoubtedly tend to the immediate termi-
nation of all claims — at least it must remove all foundation or even Plausible
[p. 325.] Pretext for any. I have Directed the Acco 1 of Expense hereby in-
curred eminently for the great benefit of the Province to be laid before the
General Assembly and Recommend that Provision be made for its Reim-
bursement.

J'Wentwoeth.
Council Chamber

Portem 19 th Apr 1 1709.

P The following Letter from Gov. Francis Barnard of Massa-
chusetts throws light on the question of the boundary line, in
controversy at this time. — Ed.

Letter from Gov. Barnard.

[Copied from " Province Boundaries, 1677-1767" in Sec>' s office.

Boston, Septem r 10 th 1767.
Sir —

1 communicated your Letter of Aug 1 26 th to the Council, as I advised you
in my last I should do; and the same was referred to a Committee upon
whose Report the Council advised me to return your Excellency the follow-
ing Answer.

Your Excellency mentions " you have examined the Plan annexed to the
Royal Instruction to Governor Belcher Recorded cfc upon file in your Secre-
tary's office, also interrogated Mr. Bryant who surveyed & marked this line,
and that from these and many other irrefragable evidences you are convinced
that the Lands you refer to are clearly within the bounds of the Province of
New Hampshire; in which you are confirmed by the plainest expression of

1769.1

JOURNAL OF THE HOUSE. 223

your Commission." As I am desirous of an amicable adjustment of the
Line and to prevent all occasions of contention between the borderers, I am
to request that you would be pleased to furnish me with a copy of the Plan
and Instruction aforesaid, Mr. Bryant's declaration and the other Evidences
your Excellency refers to, together with such part of your Commission as
relates to this matter, and I will lay them before the Assembly who may
thereby be enabled to judge of the facts which have induced your Excellency
to adopt the sentiments you profess : and you shall be furnished with copies
of any papers in the affair you shall want from hence; extracts of which,
containing the substance of said Papers are below communicated to your
Excellency. In this way we shall both of us be possessed of the facts; by a
consideration of which this matter (as you observe) may perhaps be adjusted.
In the mean time I would acquaint you that the General Assembly here
being informed that Mr. Bryant had made a mistake in running the line
between the two Provinces, taking his departure from the head of the north-
east branch of Newichwannock or Salmon falls river, instead of the main
River; they clivers times appointed Committees to be joined by a Committee
on the part of New Hampshire, and desired me to write to the late Governor
Went/worth that such Committee might be appointed in order to the just set-
tlement of the Line. I wrote to him several times accordingly, but no such
Committee was appointed till the last year; when Col John Wentworth
with Walter Bryant Esq. the surveyor who run the line (1) were appointed
by him. This Committee with ours proceeded last November and viewed
the main river & the northeast branch aforesaid. I will now mention to you
the substance of the several Reports of our Committees and of the evidence
that has been taken on our part relative to said River and Branch.

January 1764. Benjamin Lincoln, Samuel Livermore and Joseph Erye,
Esqs. having in October 1763 viewed said River and branch report: ".That
from the view we had on the spot the quantity of water flowing from said
River contains two parts in three more than what run from said branch."
" We beg leave further to offer it as our opinion, that the place from whence
the surveyor took his departure as the head "of Newichwannock or Salmon
Falls river, when this line was run in the year 1741 is not, and we.think can- i
not be understood to be, the place intended by the order of his late Majesty
in Council for settling that Line."

1766 December. Jonathan Bagley Esq 1 ' from another Committee reports,
That he with ten others, of which number were Col John Wentworth and
Walter Bryant Esq. the Surveyor (the Committee appointed by Gov 1 ' Went-
worth) proceeded in November 1766 to the forementioned River and branch
and after viewing both of them several times, " the whole party were called
together (Sunday Nov 1 ' 23 d ) to judge how large a hole would vent the water
that run in that Branch; and after measuring the wedth & depth, the party
judged the whole water that then run in said Branch would run through a
hole as big as a Barrell," then they took their departure for the main river or
main Branch again in order to view that: which accordingly they did the
next day, and " it appeared that it was more than three times as large as the
northeast Branch that Mr. Bryant run in 1741, ana yielded more than three
times as much water."

1767 January-7. James Warren jun 1 ', Gilbert Warren and James Hasty
declare, " That in the month of Novemb 1 ' last (1766) they were employ' d by
Jonathan Bagley Esq r and others a Committee appointed by the General
Court of Massachusetts Bay, and John Wentworth & Walter Bryant Esq rs a
Committee appointed by Governor Wentworth, Governor of the Province of
New Hampshire in order to view Salmon falls river & the Branches thereof.
In pursuance of which the deponents went with said Committees up said
Salmon fall River until they came to the place where the northeasterly
branch or Brook united with the main river and they viewed the same"
See. and after several views of both, the result is, that " it appeared to them
that the main River is about three times as large and yielded about three

(1) See Walter Bryant's report 1741, pp. 349-351 of Volume VI.— Er>.

224 PBOVINCB OF NEW-HAMPSHIRE.

11769,

times the quantity oi water that the northeasterly hranch did." The said
filbert Warren and James Hasty add, "That they are well acquainted with
the Southwesterly branch of Salmon falls river which runs into the main
River about three miles and an half above the place where the northeasterly
branch unites witli the said main River, and are of opinion that the said
Southwesterly branch is near or quite as large and issues near or quite as
much water as the northeasterly Branch."

1707 June 22' 1 . Walter Bryant Esq 1 ' the Surveyor who run the line in 1741
among other questions was asked the following, viz. " Are you fully satisfied
that the westward branch [by which 'tis supposed the main Kiver was
intended] is much bigger than the Eastward Branch which you went up? v
His answer is, "I am fully persuaded that the westw' 1 Branch is much the
biggest for several miles up said branch from where they come together.'"

This is the substance of the Reports and evidence on our part relative to
Newichwannock or Salmon falls River, and the northeast branch of itj
which has influenced me & the Assembly to apprehend Mr. Bryant made a
mistake in running the line in 1741 ; and f have here communicated it to you
that you might consider it in connection with the Evidence already before
you; and that from a view of the whole you might be able to form a judg-
ment whether a mistake has been made or not, and in order that I may form
a judgment myself from a view of the whole Evidence & circumstances rela-
tive to this matter, I request the favor you would send me a Copy of the
i'lan, Instruction and other Papers & Evidence mentioned above: the charge
of which I shall order to be paid.

I am, with great truth & regard

Sir, your most obedient and most
humble servant

Fra: Barnard

His Excellency

Gov 1 ' Went worth

Additional Instruction.

|Copied from •' Province Boundaries, 1077-1767" in Sec vs office. |

By the Lords Justices.

Additional Instruction to Jonathan Belcher Esq. Captain General in Chief

Jo. Cart: in and over his Majesties Province of the Mass*

Harwicke, C. setts Bay in New England in America, or to the

Wilmington, P. Commander in chief of his Majesties said Province

Henry, C. P. S. for the time being. Given at Whitehall the fifth

(•rafton, Day of August 1740,
Montague. In the Fourteenth year of his Majestvs Reign.

IL. 8.1

Whereas Disputes and Controversies have for many years subsisted be-
tween his Majesty's loving subjects of the Province of Massachusetts Bay
and New Hampshire in New England, In Regard to the Boundaries between
the said Provinces; and whereas his Majesty was pleased by his order in
1 ouncil dated 22' 1 January 1735, to direct that commissioners should be ap-
pointed to marke out the Dividing line between the said Provinces, & also by his
frder in Council of the 1 st February 1730 to direct that a Commission should be
prepared ... (1) under the Great Seal which said Commission was accordingly
issued, for authorizing such Commissioners to meet within a limited time to
mark out the Dividing line between the said " Provinces with liberty to
ther party who should think themselves aggrieved by the Determination of
the said Commissioners to appeal therefrom to his Majesty in Council"' —
Which said Commissioners did make their Reports in the following words: —

(i) Heir a i'fv words in the copy are mutilated.— Ed.

1769.] JOURNAL OF THE HOUSE. 225

u In pursuance of his Majesties aforesaid Commission the Court took under
consideration the Evidences, Pleas & Allegations offered & made by each
party referring to the Controversy depending between them, and upon ma-
ture Advisement on the whole, a Doubt arose in point of Law, and the Court
thereupon came to the following Resolution, viz."

" That if the Charter of King William and Queen Mary, dated October the
7, in the third year of their Reign, grants to the Province of the Massachu-
setts Bay all the Lands which were granted by the Charter of King Charles
the first, dated March the 4 th in the fourth year of his Reign, to the late
Colony of the Massachusetts Bay, lying to the Northward of Merrimack
River, then the Court adjudge & Determine, that a line shall run parallel
with the said River at the distance of three English Miles North from the
Mouth of the said River, Beginning at the southerly side of the Black Rocks
so called at low water mark, and from thence to run to the crotch or parting
of the said River where the Rivers of Pemigewasset & Winnepiseokee meet,
and from thence due North three English miles, and from thence due West
towards the South Sea until it meets with his Majesties other Governments ;
which shall be the Boundary or Dividing line between the said Provinces of
the Massachusetts Bay & New Hampshire on that side ; but if otherwise,
then the Court adjudge and determine That a Line on the Southerly side of
New Hampshire beginning at the Distance of three English miles North, from
the Southerly side of the Black Rocks aforesaid at low water mark, & from
thence running due West up into the main Land towards the South Sea,
until it meets with his Majesties' other governments, shall be the Boundary
line between the said Provinces on the side aforesaid,— Which point in doubt
with the Court as aforesaid, They humbly submit to the wise consideration of
his most Sacred Majesty in his Privy Council, to be determined according to
his Royal Will and Pleasure therein, and as to the Northern Boundary be-
tween the said Provinces, the Court Resolve and determine that the Dividing
line shall pass up thro' the mouth of Piscataqua Harbour and thro' the middle
of the River into the River of Newichewannock (part of which is now called
Salmon Falls) and thro' the middle of the same to the furthest Head thereof
& from thence North two degrees Westerly until one hundred and twenty
miles be finished from the mouth of Piscataqua Harbour aforesaid, or until it
meets with his Majesties other Governments; and that the Dividing Line
shall part the Isles of Shoals & run thro' the middle of the Harbour between.
the Islands to the Sea on the Southerly side : and that the south westerly
part of the said Islands shall lye in and be accounted part of the Province of
New Hampshire, and that the North Easterly part thereof shall lye in and be
accounted part of the Province of the Massachusetts Bay, & be held and
enjoyed by the said Provinces respectively in the same manner as they now
do, & have heretofore held and enjoyed the same — And the Court do further
adjudge that the cost and charge arising by taking out the Commission as
also of the Commissioners & their officers, viz. The two Clerks, Surveyor
and Waiter for their travelling Expenses and attendance in the Execution of
the same, be equally born by the said Provinces."

" And Whereas appeals from the Determination of the said Commiss 1 *
have been laid before his Majesty by the Agents of the respective Provinces
of the Massachusetts Bay and New Hampshire, which said Appeals have
been heard before the Committee of Council for hearing Appeals from the
Plantations, who, after having considered the whole matter and heard all
parties concerned therein, did Report unto his Majesty as their opinion^
" That the Northern Boundaries of the said Province of the Massachusetts
Bay are, and be, a similar Curve Line pursuing the course of Merrimack
River at three miles Distance on the North side thereof, beginning at the
Atlantic Ocean & ending at a Point due North of a place in the plan returned
by the said Commissioners called Pawtucket Falls & a strait line drawn from
thence due West cross the said River, till it meets with his Majesty's other
Governments ; and that the Rest of the Commissioners said Report or Deter-
mination be affirmed by his Majesty." Which said Report of the said Com-
mittee of Council, his Majesty hath been pleased, with the advice of his Privy

226 PROVINCE OF NEW-HAMPSHlRE. [1769.

Council to approve and to declare adjudge and order, " That the Northern
Boundaries of the said Province of the Massachusetts Bay are, & be, a similar
Curve Line Pursuing the course of the Merrimack River at three Miles Dis-
tance on the North side thereof, beginning at the Atlantic Ocean & Ending
at a Point due north of a place in the plan returned by the said Commission-
ers called Pawtucket Falls & a strait line drawn from thence due West cross
the said River, till it meet with his Majesties other Governments, and to
affirm the rest of the Commiss rs said Report or Determination " — Whereof
the Governor or Commander in Chief of his Majesties said Provinces for
the time being, as also his Majesties . . . Assemblies thereof & all whom it
may concern are to take Notice.

It is therefore his Majesties Will & Pleasure, and you are hereby required
and enjoyned under pain of his Majesties highest Displeasure & of being
removed from your Government, to take especial care that his Majesty's
Commands in this Behalf be executed in the most effectual & expeditious
manner, to the End that his Majesties good Intentions for promoting the
peace & Quiet of the said Provinces may not be frustrated or delayed. You
are likewise hereby directed to communicate this Instruction to the Councils
and Assemblies of his Majesties said Provinces, & to cause the same to be
entred in the Council Books of the said Provinces respectfully.

And for your further Information herein an authenticated coppy of* the
Plan returned by the said Commissioners is hereunto annexed (1),

J. C. H. C. W. P. H. C. P. S.

Montague.

A true copy from the Books of his Grace the Duke of New Castle's office,
Ex (i by me, Dan 1 Preverau.

Thursday, Apr. 20 th , 1769.

Sundry Petitions from the Inhabitants of Londonderry, Ches-
ter and Sundry other Towns Praying to be annexed to the Middle
County were bro't into the House and Read.

Also sundry petitions against the same.

P.M.

The vote of the Council] on the vote of the House for allow-
ance to the councill and assembly concur'd with an amendment.
Read and non concurr'd, and

Voted to adhere to the vote of the House. Sent up by Capt.
Giddinge. [non-concurred by Council.]

Upon the Petitions from Londonderry, Chester <fcc. bro't into
the House in the forenoon, the following vote Passed, viz.

Whereas a great number of Persons Dwelling in several Towns
near Merrimack River have this Day presented a Petition to the
Governor Councill and Assembly Praying that the Towns of
Chester, Londonderry, Pelham, Salem &c. might be annexed to
and made part of the Middle County as being much more conve-
nient for them and that the said Inhabitants would be greatly

(1)Note. This paper waa used by the State's Commissioners for ascertaining the line
between New Hampshire & Massachusetts in 1825. Returned June 1826. — Farmer.

1769.}' JOURNAL OF THE HOUSE. 227

Eased by such an alteration in the Proposed Plan of Division
already Voted ; — On consideration of which the House are
willing to serve the Petitioners so far as may be done without
incurring a General Inconvenience ; and as the Division of the
Province into Counties had before the Presenting such Petitions
been so far carried into Execution as to bring in a Bill for that
purpose Different from what the Petitioners ask. The House
have no Design to Interrupt the Progress of a Measure long
desired to be Effected, yet as a very little addition might answer
some part of the said Petition if his Majesty's Council Judge
proper to joyn herein, the House are willing that the said Towns
of Chester, Londonderry, Pelham and Salem be added to said
Middle County.

Sent up by Mr. Hobart. (a)

fa) Jour, C. & Assm. Apr. 20, 1769. Mr. Hobart bro't up from the House
a written Mess a relative to a Petition of sundry Inhabitants of the proposed
Middle County, Praying that the lines of the said County may be established
according to the plan already proposed by the Resolves of the House &
Council, without addition or diminution and also the Petition of the Town-
ships of Bow, Chester, Londonderry, Pelham, Plaistow, Salem, Hampstead
& Sandown requesting to be annexed to the abovesaid Middle County — they
"belonging to the first or Easterly County, &c. The House setting forth their
willingness to grant the Petition of said Towns if it might be done without a
general Inconvenience &c. Read & a Mess a sent to y e House by the honora-
ble Peter Livius and Daniel Rogers Esq s to acquaint them that this board
could by no means think of any material alteration in the plan of Division,
lest the result might be the setting aside the whole proceedings hitherto.

[p. 328.] Saturday Apr 1 22 d , 1769.

Voted, That there be paid unto his Excellency John Went-
worth, Esq., our Governor out of money that is or shall be in the
Treasury, the sum of Seven Hundred Pounds Lawfnll Money for
one year's Salary commencing the thirteenth Day of June next to
be paid half yearly. And also the sum of sixty-seven Pounds
Lawful money for House Rent for the same time, and that his
Excellency be Desired to Draw the same out of the Treasury
with advice of Council. [Concurred by Council.]

[p. 329.] Wednesday Apr 1 26, 1769.

The House took under consideration the allowances to be made
10 the Councill and Assembly, and Voted to allow to each mem-
ber of the Council Seven shillings pr Day. A vote was accord-
ingly Prepar'd in all other Respects the same as the vote of the
House of the 4 th Inst, which vote was sent to the Board by the
Clerk. [Concurred.]

228 PROVINCE OF NEW-HAMPSHIRE. [1769,

[p. 330.] Thursday April 27 th , 1769.

An Act for Dividing this Province into Counties and for the
more Easy Administration of Justice having been three times
Read,

Voted That it pass to be Enacted. Sent up by Mess" Sheafe,
Giddinge, Baker & Chamberlain. [Concurred and passed by the
Council.]

P.M.

Mr. Jaffrey Bro't Down the vote Enquired after from the
Board, [withdrawing vote of allowance for officers & soldiers at
the Fort.] Also the following message from his Excellency, viz.

Mr. Speaker & Gentlemen of the Assembly —

As the Division of the Province into Counties must necessarily Increase
the Duties of the Justices of the Superior Court who have hitherto serv'd
the Province in that important trust, without any salary, I may not omit
Recommending that a competent Establishment be Provided for this Purpose,
[p. 331.] which I think cannot be in a more proper time or Place than in
those which oblige them to perform greater Duty and incur accumulated
Expence for the more easy administration of Justice to the Inhabitants of
the Province.

J'Wentworth.
Council Chamber

Portsm , New Hamp r

27 th Ap 1 1769.

Voted that his Excellency the Cap 1 Gen 1 be desired to give
orders for Inlisting seven men including those already posted at
his Majesty's Fort William & Mary under such officers as he shall
please to appoint for one year commencing the first Day of March
last, that the pay ol the officer shall be thirty six shillings pr
month Lawful money, & one of the Privates who may do the
Duty of a Sergeant shall have twenty one shillings pr month &
the other Privates shall have each Eighteen shillings pr month &
five shillings pr week for billeting each man to be paid when the
Muster Roll shall be allowed by the General Assembly.

And be it further Voted, That his Excellency cause to be laid
out a sum not exceeding sixty Pounds in such repairs on said
Fort as he shall think proper & direct the account thereof to be
laid before the General Assembly that the same may be paid out
of the money in the treasury by the next supply bill. Sent up by
Mr. Wiggin. (a) [Concurred.]

(u)Votes, Petitions Acct s , bills, &c. passed by the House and concurred by
the Council, from April 17 th to April 29 th , 1769.

Jour. C. & Assem. Petition of Moses Cotton and Gideon Bartlett of
Newtown, relative to irregularities in a town meeting, & praying a new meet-
ing may be appointed. Granted & Meshech Weare appointed to call and
moderate said meeting.

Petition of John Scribner, Joshua Bean & Wm. Beau, Quakers, to be
exempted from certain taxes — granted.

Noah Parker allowed for cleaning guns &c, £16: 19, lawful money.

IT69.] JOURNAL OF THE HOUSE. 229

Rich d Jenness, allowed £7. for wood, lawful money

Ace 4 of Committee for selling the Excise, allowed £8 : 13 : 2 1-2. Do.

Ace 4 of Daniel & Robert Fowle for printing, allowed £ 27 : 8. Do.

Ace 1 of George Gaines for joiners work, allowed £1 : 15. Do.

Ace* of Joseph Syms, allowed £1 : 10. Do.

Ace* of George King, allowed £1:6:6. Do.

Daniel Pierce, recorder, allowed £3 : 14. in full of his ace 4 . Do.

His Excellency gave his consent to the sundry Votes of allowance bro't up
yesterday. Also to the vote of allowance for his own salary and house rent.

Also to the vote for the Secretary's allowance.

Also to the three following Bills, viz.

An act for dividing this Province into Counties & for the more easy admin-
istration of justice.

An act for granting unto his most excellent Majesty the sum of £3000
lawful money for the uses and purposes therein mentioned.

An act for continuing the Excise Act,

Also to the vote for enlisting soldiers for the Fort.

[p. 332.] Friday April 28 th 1769.

The Ace* of Isaac Rindge, Esq 1 for Expences of Running the
Northeasterly boundary line of the Province, being considered, It
was put to vote whether the same shall be allow'd. It pass'd in
the Negative.

P. M.

Mr. Secretary Bro't down the following written Message from
his Excellency, viz.

|p. 333.] Mr. Speaker and Gentlemen of the Assembly —

His Majesty ever most graciously attentive to the welfare of his subjects,
considering that great advantage might Result to this Province from the ser-
vices of an Agent to them at the Court of Great Britain, has therefore been
pleased to signify his Royal permission for me to assent to an act for appoint-
ing & impowering an Agent, as hath been the constant practice of this Prov-
ince, & also for raising a proper Fund for this service.

1 have therefore to recommend that the General Assembly take the neces-
sary measures to avail the Province of this Fresh Instance of his Majesty's
Royal care & consideration towards them.

J'Wentworth.
Council Chamber 28 th April 1769.

[p. 334.] Saturday Apr 1 20 th 1769.

The following Answer to his Exc ys Message of the 27 th Inst.-,
was laid before the House, viz.

May it please your Excellency —

The House have consider'd your Ex>' s Message of the 27 th Inst, Relating
to an Establishment for the Judges of the Superior Court, The House con-
curr in sentiments with your Exc^, That as the service of that Court when

280 PROVINCE OF NEW-HAMPSHIRE. [1769,

the proposed Division takes elfect will be more beneficial to the Province as
well as more burdensome to them it will be very just & reasonable they should
receive an adequate Reward, which from the Novelty of the case the inexpe-
rience of the trouble & Expence of the Intended Circuit & other incidents
the house are not able at present to fix upon a sum that may be esteemed a
just Remuneration to that Court which they are very willing to grant. But
as the Act for Dividing the Province into Counties is yet in suspense & may
be Disallow'd (which it is earnestly desired may not be the case) the House
humbly conceive the consideration of this matter will be more reasonable
after his Majesty's Royal approbation of the Act is signified, when the As-
sembly will not fail of doing Justice in this Regard.

The House humbly hope his Majesty of his just Grace & favour may be
pleased to grant that the Judges Comissions in this his dutiful Province may
hereafter be allow' d to Issue in the same form, as to their continuance as the
Comissions of the Judges in Westminster Hall, which will doubtless Ingage
this and all succeeding Assemblys to make an Establishment conformable to
such an Institution.

The House beg leave also to suggest that their being many Xew Settle-
ments now on foot in the Province a little further time is Necessary to obtain
a more Particular knowledge of their circumstances in order to adjust the
proportion of such an additional Tax. And therefore upon the whole they
Judge the Provision recommended cannot be now made so well as it may
hereafter.

The House on this occasion would Return their hearty thanks to y 1 Exc- r
for the part you have acted in adjusting & Passing the aforesaid Act & em-
brace the Present opportunity to pray you would use your Interest not only
to obtain his Majesty's Royal approbation, that so much time & pains may
not be lost to this Province, But also the Institution above hinted may take
place.

Voted That the foregoing Answer be sent to his Excellency.
Sent up by Mess" Goff, Bell & Worthen.

[p. 335.] The following Answer to his Excellency's Mess _
of y e 28 th Inst, was laid before the House, viz.

May it please your Excellency —

Your Excellency's Message of the 28 th Instant concerning the appointing
an Agent for the Province at the Court of Great Britain, and his Majesty's
Royal Permission to your Excellency to assent to an Act for that purpose,
being duly consider'd, The House beg leave to observe in answer thereto the
Perfect Satisfaction they enjoy as well as the highest sense of gratitude in the
esteem they have of his Majesty's Royal Goodness express'd in every Instance
of his care of and attention to the wellfare of his subjects in this Province:
But as our Present Agent, Mr. Trecothick has given intire Satisfaction in
that important trust and hath not signified to us any Resignation thereof,
We think it unnecessary to proceed to the appointment of another at Present
as we already Enjoy the benefit Recommended by your Excellency.

Voted That the foregoing be presented to his Excellency. Sent
up by Mes r * Baker, Bartlett & Thompson.

The Dep y Sec y came from the Board and Inform'd the Speaker
and the House, That it his Excellency's Pleasure to Prorogue the
General Assembly of this Province to Tuesday the fourth Day of
July next at ten o'clock in the forenoon, and Declar'd the same to
be Prorogued accordingly.

Att 1 M. Weare, CK

1770.1 . JOURNAL OF THE HOUSE. 231

[p. 336.] June 10 th 1769. His Exc y the Gov r by Proclamation
further Prorogued the Gen 1 Ass m to July 25 th 1769.

And by another Proclamation Dated July 18 th 1769, further
Prorogued the Gen 1 Ass m to 21 8t of Sept.

And by another Proc 11 Dated Sept. 9 th 1769 further Prorogued
the Gen 1 Ass m to~Nov r 1 st 1769.

And by another Proc n Dated Oct. 24 th 1769 further Prorogued
the Gen 1 Ass m to Tuesday the 9 th Day of Jan?, 1770.

Additional Instruction.
[Copied from " Addresses to the King" in Secy s office, p. 180.1

To our truly and well beloved John Wentworth Esquire, our Governor
and Commander in chief in and over our Province of New Hampshire

[L.S.I m New England in America, Given at our Court at St. James's the
thirtieth day of June 1769, in the ninth year of our Reign.

Whereas a practice hath of late years prevailed in several of our Colonies
and Plantations in America of passing Laws for raising money by instituting
public Lotteries ; and Whereas it hath been represented to us, that such prac-
tice doth tend to disengage those who become adventurers therein from that
spirit of Industry and attention to their proper callings and occupations, on
which the publick welfare so greatly depends: And whereas it further ap-
pears that this practice of authorizing Lotteries by Acts of Legislature hath
been also extended to the enabling private persons to set up such Lotteries,
by means whereof great frauds and abuses have been committed : It is there-
fore Our Will and Pleasure that you do not give your Assent to any Act or
Acts for raising money by the Institution of any publick or private Lotteries
whatsoever, until you shall have first transmitted unto us by one of our
principal Secretaries of State a Draught or Draughts of such Act or Acts,
and shall have received our Directions thereupon.

G. R.

[p. 337.] Tuesday, Jan* 9 th . 1770.

The House met according to the last Prorogation.
The Dep y Sec y< adjourned the Gen 1 Ass™ till to-morrow twelve
o'clock.

Wednesday Jan? 10 th 1770.
A message was sent by Col Goffe and Tho s Bell Esq r to In-
form his Exc y y e Gov r That there was a quorum of the Members
met. Adjourned.

Thursday, Jan y 11 th 1770.

The Hon bie Messrs. Livius, Warner & Jaffrey bro't from the
Board the following written Message from his Excellency, viz.

232 PROVINCE OF NEW-HAMPSHIRE. [1770.

Gentlemen of the Genl. As&m —

It gives rac very great Pleasure that the Prosperous State of the Province

hath put it in my power to defer meeting the Gen 1 Ass m until the usual time
of considering the ordinary Public business of the year; which as it is also
much more convenient to your private concerns in the same Proportion
enhances my satisfaction.

In your Deliberations upon Measures for the advancement of the Province
I think it my duty to Recommend to your consideration the important
Necessity of making Roads through the Province whereby the Labour of the
Increasing Country may be advantageous here instead of unnaturally Lucrat-
ing to the Neighboring Colonies: by this means we may Reasonably hope to
acquire a full circulation of money which is now Reduced merely by Export-
ing to pay for Provisions mostly raised in the Province and carried to other
Markets when; the goods are all bought for the use of the Country to the
evident Ruin of your Commerce, — Solely for want of roads and much better
to your own Markets than to any other.

The utility of an effectual] immediate attention to this recommendation is
now more essential, that thus the greatest Benefits may Result from Dart-
mouth College being happily established in the Province, whence many hun-
dred respectable Pamilys from other Colonies are induced to settle in and
cultivate the remotest District of this government, and above all others that
the great blessing of Literature may thereby be Disseminated among the
People now destitute thereof to a Degree too well known to leave me any
use in further Elucidations upon the subject.

The State of the Treasury Acc ts I have directed to be laid before the Hon-
orable House by which it will appear what measures are requisite to complete
the Deficiencys of the last year, also what may be adequate to grant for the
support of government in the next. With these accounts I have Directed to
be laid before the Hon 1 ' 10 House an account of Expenses incurr'd by the
Commission 1 ^ (named in many long known Acts of Parliament) on a Jour-
ney to Boston to a Court of Trial of Piracy etc, upon the High Seas. This
being solely a Public Duty and actually discharged, I hope the Hon hU ' House
will consider it as Provincial and take measures that the expense thereof
may not rest upon my Salary, that hath not any one year come near to my
support, which I Presume was the Intention of the Hon ,,le House in their
grant.

Whatever other matters may occur shall be communicated During the
sion which I doubt not from former experience will be conducted with Dili-
gence, moderation and Wisdom, whereby Legislative unanimity ami Har-
mony are preserved, which is the Corner Stone and sure foundation of
Increasing Prosperity and hono'ur to the Province.

My Cheerful] aid and concurrence shall be Ready to compleat every such
measure; as I also consider my attention to their true Interest to be the
most approved evidence of my zeal in the service of our most gracious
Sovereign.

J'Wentwobth.
Council] Chamber

10 Jan v 1770.

Mr. Speaker laid before the House a Letter lie Received from
the Speaker of the Mouse of Burgesses in Virginia with a Num-
ber of Resolves Pass'd by s d House. (1) Adjourned.

(lilt does not appeal- that any action waa taken on rhi* letter and resolves. TJiey .ire
not found on record or on lie.— Ed.

.1770.

JOURNAL OF THE HOUSE. 233

Fryday, Jan y 12 th 1770.

[p. 339.] Voted That Wm. Parker and Sam 1 Livermore, Esq"
"be a Committee to wait on the Hon ble Theod r Atkinson Esq.
Chairman of the Com tee for drawing Bills & Corresponding with
the Agent for the Province, and to Desire that the said Com tees
acc ts and the agents acc ts as far as they are Informed of them may
,be laid before the House as soon as may be.

[p. 340.] • Saturday, Jan y 13 th 1770.

The Dep y Sec y Bro't from the Board the Petition of William
Rowell and Aaron Currier Representing the Difficulties in the
Town of Newton, with Regard to the Baptists &c. which being
considered,

Voted, That the Petitioners be heard thereon on Thursday the
twenty-iifth Day of Jan y Instant, if the Gen 1 Ass m be then sitting,
and if- not then on the second Day of their sitting next after and
tha,t* the Petitioners at their own cost serve Francis Chase and
Robert Steward two of the People called Baptists with a copy of
this Petition and order, That they may show cause why the
Prayer thereof should not be granted. (a) Sent up by the clerk.

(a) Jour. C. & Assm. Jan>' 12 th 1770. The petition of Wm. Rowell &
Aaron Currier agents for & in behalf of the Town of Newtown, shews, That
a number of the Inhab ts of said Town, who call themselves Baptists, have
refused to pay their Proportion of Taxes for the support of the Congrega-
tional minister settled there, (1) pleading their exemption by the Province
Law &c. Wherefore they Pray that the said Baptists may be entirely set off
from said Town or that they might be otherwise redress'd as might seem
expedient. Read at the Board & order' d to be sent down to the Honorable
Assembly.

The acc ts of his Exc y the Gov 1 ' the Hon. George Jaffrey and
Dan 1 Rindge Esq r , for expences for their journey to Boston for
the tryal for Piracy <fcc. were Presented to the House.

[p. 341.] The Committee for preparing an Answer to his
Exc ys message at the opening the Sessions Laid the following
Draft before the House, viz.

May it Please Your Excellency —

The House have consider' d your Message to them at the opening the pres-
ent Sessions of the Assembly, and congratulate your Excellency on the con-
currence of so many favourable Incidents, that you can meet the Assembly
with satisfaction. The House take notice with the Highest gratitude of the
Generous care your Excellency expresses for the Prosperity of the Prov-
ince in proposing a Method to Prevent the benefit of the Labour of the
People and the fruits of increasing Agriculture accruing to others Rather

(l)The Congregational minister in Newton, in 1770, was the Rev. Jonathan Eames. The-
Baptist Church in Newton is the oldest of that denomination in New Hampshire. It was
organized in 1755. and Rev. Walter Powers was settled as their pastor.— Ed.

234 PROVINCE OF NEW-HAMPSH1KE. [1770.

than themselves : And are intirely in your Excellency's sentiments relative
to the importation of Provisions and the advantageous consequences of an
internal supply and convenient ways for transportation to all places of
Demand for it within the Province. For this purpose several Acts have been
paes'd, viz. One for making a Road from Durham to Cohass, and one after-
wards in addition to that : One for making a Road from Charlestown to the [
Town of Boscawen : Another for making a highway from Stonington through I
the Township of Lancaster, Dartmouth, Burton, Tamworth, Sandage, Moul- j
tonborough, Tuftonborough and Wolfborough. The House cannot well
determine what further steps to take till the several Committees to whom j
the care of carrying the Directions of the Respective Acts into Execution
was intrusted have made Return of the Proceedings, which is not yet or at
best have not been laid before the House. Whatever shall be found neces-
sary for the House yet to transact touching this matter will be chearlully
comply' d with by them. The House consider the Settlement of Dartmouth
College as an Event which in time will be a great advantage to the Province J
and that it is owing to your Excellency's conduct and Encouragement it has I
been effected; and it gives them a singular Pleasure to hear your Excellency*
strong and lively sentiments of the Blessing of good Literature which would j
Doubtless have been much advanced here beyond its present state had such
Regard been heretofore paid to it.

It will be very agreeable to the House to know the State of the Treasury, j
the Public Revenue & Accounts of the Province into which they will make
an Examination as soon as the Necessary means are in their Power.

[p. 342. j As to the Expence of the Journey to Boston on the tryal of
Piracy the House can only say at Present they shall be Ready to do their
Duty in that regard, but as the subject is new they judge it to be the first
step of Duty to Enquire what is further incumbent on them. The House
would return your Exc- V their unfeigned thanks for the Expression of Regard
to the Publick welfare you have been pleased to give them, and shall endeavor
to maintain that harmony you Recommend as absolutely necessary to the
well-being and prosperous state of the Government.

Which Answer being considere'd,

Voted, That it be presented to his Excellency. It was accord-
ingly signed by the Speaker, and Col Goffe, Maj r Wright and
Capt. Greeley were appointed to wait on his Exc y with the same.

Adjourned.

Tuesday Jan* 16 th 1770.

[p. 843.] The House took under consideration that part of his
Excellency's Message Relative to opening Roads through the
Province and the matter being considered, The Question was put,
Whether the Province should be at any Expence for opening and
clearing said Roads, and it pass'd in the Negative.

Wednesday Jan* 17 th , 1770.

Voted That William Parker, Sam 1 Livermore, Christopher
Toppan Esqr 8 , and Capt John Giddinge be a Cora tee to consider
what Acts are necessary now to be past, and to prepare Drafts of
such Acts and lay them before the House as soon as may be.

i770.

JOURNAL OF THE HOUSE. , 235

P.M.

I The Com tee appointed to tell over the money in the Treasury
to be Burnt made the following Report viz.

Province of ) j y nth mo
SNewHamp 1 )

iThe Com tee appointed by vote of the Gen 1 Ass m to tell over and Receive
rom the Treasurer such sums as might be in the Treasury to be burnt agree-
ble to the several Acts for emitting the same have Accordingly Accounted
nd Received from Mr. Treasurer Jaffrey six hundred Ninety four Pounds
v wo shillings & two Pence Lawfull money in Canada, Crown Point & Ster-
ling Bills, which sum we have locked up in the Province Strong Box and
now waits the Order of the Gen 1 . Ass m .
! £694. 2. 2.

John Sherburne Theo' Atkinson )

S. Livermore Jon a Warner > Com tee

Jacob Sheafe Dan 1 Rindge )

, [p. 344.] Agreeable to the Report of s d Com tee and order of
die Gen 1 Ass m . The said strong Box was Bro't into the House and
bhe Bills burnt to ashes in the face of the Gen 1 Ass m .

Thursday Jan^ 18 th , 1770.

i The House took under consideration the acco ts of the Commis-
sioners on a Journey to Boston to a Court for the tryal of Piracy
(fee. and after considering the same, The House adjourned to three
/clock

P.M.

The House resumed the consideration of the consideration of
Ihe Commissioners Acc ts and after Debate thereon it was moved
|hat s d acc ts should lay for further consideration, which being put
Jo vote it Passed in y e affirmative.

p. 345.] Fryday, Jan* 19 th 1770, p. m.

The Acco* of the Hon bl George Jaffrey Esq r Treasurer being
■ead,

Voted, That the same be allow'd Excepting the article of one
mndred and fifty Pounds charged for his allowance, for which
here be allow'd the sum of one hundred and twenty-five Pounds
)nly which will make the Ballance due to the Province Eight
Pounds seven shillings and four Pence half-penny, and that he
charge himself therewith in his next Acco 1 and also with the
uoney Rendered as outstanding taxes in the several Places men-
ioned in this acco 1 amounting to two hundred and twenty two
Pounds two shillings and one Penny half penny Lawful money

236 PROVINCE OF NEW-HAMPSHIRE. |177(

which will make the Treasurer's acco t? more Plain and Easy to b|
settled in future. Sent up by Maj r Downing & Doc r Bartlett.

[p. 346.] The Dep y Sec y Bro't from the Board a memorial o
James Hudson Representing that he had been at Great Expenc<
in seting up Salt Works which would be of great benefit to thi
Publick and praying for some help therein.

Saturday Jan* 20 th , 1770.

Voted That John Sherburne Esq r and Mr. Jacob Sheai'e be ;
Com tce of this House to joyn with such as shall be appointed \r
the Hon blc Councill to farm out the Excise on Spirituous Liquor
to a Receiver or Receivers as they shall judge best, to be commis
sioned by the Governor to make a faithfull Collection of the same
and that the money arising thereby be put into the treasury to b<
applied to the use of the Government as the Governor Councill <SJ
Assembly shall order. This selling or farming shall be for on J
year only commencing the first Tuesday in Sep 1 1769, and thai
the Receiver or Receivers to whom the same shall be farmed o
Lett shall give sufficient Security to the Treasurer for the timJ
being as the Com tee shall Direct. Sent up Tuesday 23 d Jan y b\i
Capt. Worthen. [Concurred, and Hon bl Jona. Warner & Daal
Rindge, joined.]

[p. 347.] Tuesday, Jan* 23 d , 1770, p. m.

The memorial of Capt. Hudson Respecting the manufactory <
Salt being considered, it was put to Vote Whether the Hou*
will make any grant to s d Hudson on that acco f . It Passed i
the Negative.

Wednesday, Jan y 24, 1770.

The House took under consideration the acco ts of his Exc- tb
Gov 1 ", George JafFrey and Jona. Warner Esqr 3 & Robert Trayl
Esq r . for their Expences in a Journey to Boston on a Tryal fo
Piracy &c which being considered a motion was made for Recoil
sidering a Determination of the House on yesterday that actiiu
on said acco 4 " should be Defer' d till the time of making the suppl;
Bill ; which motion k for Reconsidering being Try'd it Passed h
the Negative.

[p. 356.] (1) P. M.

Voted, That the Hon bl Daniel Peirce Esq' be and hereby i
continued Recorder of Deeds and conveyances of Real Estate

(1) Pages JUS — ;555 contain tables of attendance of members. — Kd.

1770.1 JOURNAL OF THE HOUSE. 237

pmd all other Instruments by Law to be recorded in said office,
Sarithin this Province for the term of one year from this Date and
jjintil the tenth Day of the siting of the Gen 1 Ass m next after the
[Expiration of said term Unless his Majesty's Allowance of the
Act for Dividing the Province into Counties shall be known here
jjwithin that term, and in that case only till the tenth Day of the
siting of the Gen 1 Ass m next after that, and that he shall not be
Qualified to act as Recorder untill he hath given Bond with suffi-
cient sureties Joyntly & Severally in the sum of two Thousand
Pounds Lawfull money unto the Hon bl Speaker of the House of
Representatives for the time being, and taken an oath for the
faithfull Discharge of said office; and that the Hon bl Jonathan
Warner and Daniel Rindge Esqr s , the Hon bl Peter Gilman, Esq'"
John Sherburne Esq r and Mr. Jacob Sheafe be a Com tee they or
the major part of them to take the Books and Papers belonging
to s d office of Recorder into their custody in case of the Death or
incapacity of the Recorder or on the Expiration of the aforesaid
term, and them safely keep untill further order of the Gen 1 Ass m
and that they be under Oath for the faithfull Discharge of their
trust. Sent up by Dr. Thompson. [Read at the Board, and sent
down for amendment afterwards concurred.]

Thursday Jan* 25 1770.

[p. 357.] The Hon bl Peter Livius Esq r Bro't from the Board
the Report of the Com tee for Examining the Report of the Com tee
for Bills, as follows, viz.

According to our appointment by a vote of the Council & Assembly of the
24 th Instant to examine the ace 1 of the Committee for Drawing Bills on the
Agent of the Province, we have carefully Examined the vouchers & Account
of the Chairman of the said Committee from the 28 th day of May 1768 to the
2 d Sept 1 ' 1769 both Inclusive & we find the same truly cast & well vouched,
that they are equal on both sides & no ballance due to or from the said Com-
mittee & we beg leave to Report accordingly.

Peter Livius
Jonathan Warner.
Daniel Rindge
Jacob Sheafe
Christop 1- Toppan
John Giddings.

[p. 358.] The Dep y Sec? Bro't from the Boafrd the following
vote of Councill, viz.

New Hampr } In Council 25* Jan7 1770.

Whereas the Province hath a just & Equitable claim to the Reimbursement
of a considerable Sum which was advanc d by the Province in Conjunction
with others of her Majestys Colonies on this Continent towards the Expence

238 PROVINCE OF NEW-HAMPSHIRE. [lftO.

of the late War & the other Colonies have been reimbursed their Respective
proportions but this Province hath not yet received its proportion,

Voted That the Hon ,)le Daniel Warner & Peter Livius Esq r be a Committee
to join with such as shall be appointed by the Hon ble Assembly to prepare a
most Humble & Dutifull Petition to his Majesty praying Redress herein &
that they make Report thereof to the Gen 1 Assembly as soon as may be.

Geo. King, D : Sec>\

The above Vote of Councill Read and concurred and the Hon ' '
Peter Gilman Esq. and John Sherburne, Esq r added to the Com' 1
on the part of the House. Sent up by Mr. Parker, Jan. 26.

Fryday Jan' 26, 1770. (a)

(a) Votes, petitions &c. passed by the House and concurred by the Council !
from J an^ 9 th to Jan>' 26 th , 1770.]

Petition of Noah Rawlins respecting redeeming some lands — hearing i
granted.

Petition of Jonathan Currier & others of South Hampton to be annexe.! I
to Newtown — hearing granted.

Petition of Patrick Bonner, a blind man, praying for relief referred to
Selectmen of Chester & Litchfield.

Petition of Joseph Steel & others, respecting lands sold in Amherst— j
dismissed.

Petition of Ezekiel Lane relating to establishment of a place for meeting- ;
house in Raymond — to lie for consideration.

Petition of Richard Jenness, in behalf of Deerfield, laying a tax for build- I
ing a meeting house — hearing granted.

Petition of Elis a Barter for a divorce from her husband — hearing granted, j

Petition of Eben 1 ' Knowlton and others, of Seabrook, praying liberty to
assess the inhabitants for support of Rev. Mr. Perley (1) — hearing granted.

Petition of George Peirce, Samuel Hains & Edmund Coffin, for liberty to I
prosecute a Review of an action, against them by Samuel and Paul Lord — '
hearing granted.

Petition of Richard Jenness Esq. for some Relief respecting money due
from him for Excise Ac. — not granted.

[p. 359.] Saturday, Jan' 27 th 1770.

The Sec y came from the Board and inform'd the House that as
the house by a message yesterday had Requested an adjorm', he
was Directed by his Excellency the Governor to adjourn the Gen 1
Ass m of this Province to Tuesday the 20 th Day of March next at
ten o'clock in the forenoon and in his Majesty's Name Declar'd
the same to be adjourned accordingly.

Att. M. Weare, Clr.

(1) Rev. Samuel Perley was ordained over a Presbyterian Society in Seabrook, 17(55, and
dismissed in 1775.— Kd.

1770.]

JOURNAL OF THE HOUSE.

239

Journal of the House of Representatives from the 20th March.,
1770, to the termination of the British Government over the
Province.

NOTE BY THE EDITOR.

The "Journal of the House," which follows, is copied from a MS.
volume in the office of the Secretary of State, labeled " Journal of the
House, 1770-1775."

This " Journal of the House" will be found of great interest, as relating to
affairs of the Province and the spirit of the people as the period of the Kevo-
lution drew nigh. It will be found worthy of the careful study of all who
would thoroughly understand the position of the Province preliminary to
:the American Revolution.

Members of the House, 1770-1771.
[Copied from introductory pages of the Journal,

Exeter

Portsmouth

Dover-
Hampton

&
Hampton Falls,
Newcastle &
Rye,

Kingston,
Newington,
Stratham
Londonderry,
Greenland
Durham
Newmarket
.South Hampton
Chester

Plastow, Hampstead,
Atkinson
Salem &
Pelham
Somers worth
Holies

Merrimack &
Monson

Nottingham West
& Litchfield
Kensington
Rochester
Barrington

Hon D,e Peter Gilman, Esq.
Capt. John Giddings
William Parker, Esq r
John Sherburne Esq r
Mr. Jacob Sheafe.
Tho s W k Waldron, Esq 1
Otis Baker, Esq 1
Col Jon a Moulton, Esq 1 '
Christopher Toppan, Esq r
Meshech Weare, Esq r
Thomas Bell, Esq 1
Richard Jennes, Esq 1 '
Col Josiah Bartlett, Esq r
Maj 1 ' Rich d Downing, Esq r
Andrew Wiggin, Esq 1 '
Samuel Livermore, Esq r
Col Clement March, Esq r
Doct r Ebenezer Thompson
Lieut. John Burley
Capt. Eliphalet Merrill.
John Webster, Esq r

Capt. Jon a Carlton

Maj r Joseph Wright

Col John Wentworth
Maj r Samuel Hobart, Esq 1 '.
Capt. John Chamberlain

Capt. Samuel Greeley

Capt. Ezekiel Worthen
Dea n James Knowles
Lieut. Samuel Brewster

240 PROVINCE OF NEW-HAMPSH1KE. |H7o.

iSfcri'* { Colo John Goflfe,E«,.

Winchester Col Josiah Willard

Keene Maj' Josiah Willard

Charlestown Capt. Simeon Stevens.

Col. Gotfe to be allowed for 80 miles travil at sundry times part way to the
Court, in adjournm 1 " which he did not hear of.
Maj r Wright to be allowed 50 miles Trav 1 for Do.
Mr. Greeley to be allowed 72 miles Tr l for Do.
Maj 1 Hobart to be allowed for 106 miles Tr 1 for Do.

[p. 1.] Tuesday, March ^0 th , 1770.

Met according to adjourn m* and adjourned till tomorrow 10

o'clock.

Wednesday, March 21 st 1770.

Voted That Mr. Sheafe, Col Moulton & John Webster Esq r be
a Com tee to wait on his Excellency to Desire he will Direct the
Treasurer to lay his Acc ts before the House as soon as may be.

Voted That John Sherburne Esq 1 " and Mr. Jacob Sheafe be a
Com tee of this House to joyn with such as the Hon nle Councill
shall appoint to tell over the money in the Treasury to be burnt
and lock up the same in the Province Strong Box and make Re-
port to the Gen 1 Ass 111 , as soon as may be. Sent up by Capt. Carl-
ton. [Concurred and Hon ble Theo. Atkinson & Daniel Rindge,
Esq. added.]

P. M.

Voted that Sam 1 Livermore Esq 1 " and Doc 1 ' Eben 1 Thompson be
a Com tee to prepare an Act relative to Establishing fines, and lay
it before the House as soon as may be.

[p. 3.] Fryday, March 23 d 1770.

Voted, That John Sherburne, Esq r Mr. Jacob Sheafe, Samuel
Livermore, Esq r Tho* W k Waldron Esq r Christopher Toppan Esq r
Capt. John Giddings, Josiah Bartlett Esq r and Doc r Ebenezer
Thompson be a Com te0 to consider of some method which may
be most Equitable for Establishing a method of Rateing.

P. M.

The House took under consideration the complaint of Col°
Moulton Relative to Col° March's misbehavior towards him, and
both parties were freely heard on the matter. The House ad-
journed till tomorrow 9 o'clock.

1770. J JOURNAL OF THE HOUSE. Ml

Saturday, March 24 th 1770.

Voted that William Parker and Samuel Livermore Esqi* be a
Com tee to joyn with such as the Hon ble Council! shall appoint to
collect and Print a correct Edition of all the Acts of this Province
now in force and that one hundred and fifty setts shall be Done
at the charge of the Province. Sent up by Esq r Jenness. [Con-
curred, and Hon bla Peter Livius & Geo. Jaffrey Esq™ added.]

The House resumed the consideration of the affair of Col"

Moulton and Col° March heard yesterday and the same being fully

considered it appeared to the House that Col° March has been

uilty of a Breach of the first Rule of this House, and thereupon,

oted, That Col° March be admonished by the Speaker in the
following manner, viz :

Col° March—

The House have considered of the Complaint exhibited against you as a
member of this House, by Col° Moulton another member of this House, for
a breach of this first rule of the House: On which you have been Patiently
heard, your Evidences and allegations duly considerd. The House are of
opinion that the complaint is fully proved & that agreeable to said Rule, you
should be admonished by me.

[p. 4.1 I therefore accordingly admonish you, that as it is agreed by the
House that you have been guilty of an Indecency & unbecoming a Member
of this House in the case complained of, so you would be carefull to conduct
& Regulate your future behaviour in such a manner as to conciliate the Es-
teem of this House. (1)

Wednesday, March 28 th , 1770.

. The Sec y Brot from the Board the following Report of the
Com* 6 to tell money to be Burnt, viz.

[p. 5.] The Com leo appointed by vote of the General Assembly to tell over
and Receive from the Treasurer such Sums as might be in the Treasury to be
burnt agreeable to the several Acts for Emitting the same have accordingly
accompted & Received from Mr. Treasurer Jaffrey the sum of Thirteen Hun-
dred & Ninety eight pounds and six pence three farthings Lawful Money
which sum we have Locked up in the Province Strong Box and now waits ths
order of the General Assembly.

Theodore Atkinson )

?l Die L Ri K dge [ Committee.

John Sherburne f

Jacob Sheafe J

"[p. 6.] The Report of the Committee for telling money in the
Treasury to be burnt being consider'd

(1) The exact nature of the complaint made by Col. Moulton against Ool. March is not
stated; bnt the first Rule of the House which was violated, is as follows, viz. " That who-
soever shall by any misbehaviour in speech or action justly offend any of the members of
the House, shall for the first offence be admonished, for the second, fined as the House shall

-Ed.

1(5

242 PROVINCE OF NEW-HAMPSHIRE. [1770.

Voted, That it be accepted and that the money be immediately
burnt to ashes.

The Dep y Sec y Bro't from the Board the Petition of Mrs. Sarah
Sherburne widow of the Hon ble Henry Sherburne, Esq r Deceased
in behalf of sundry children of said Deceas'd who are minors,
Representing that it was the intent cf the Deceas'd that said
minors should be educated & supported at the charge of the whole
Estate &c. and Praying that she may be authorized to proceed
according to said intent, &c. (a)

(a) Jour. C. & Ass m 28 th Mar. 1770. The petition of Sarah Sherburne ad-
ministratrix of the Estate of Henry Sherburne late of* Portsm Esq 1 " (her late
husband) deceas'd Intestate, Praying that seven of her children who are
minors may be supported to the age of Twenty one years out of the said Es-
tate, for the reasons assigned in the Petition. Read & sent down.

The petition of Mrs. Sarah Sherburne being consider'd
Voted, That the petitioners be heard on this Petition on Thurs-
day the twelfth Day of April next if the General Assembly be
then sitting, & if not then on the second day of their siting after
& that she serve Henry Sherburne, Daniel Sherburne, & Sam 1
Sherburne, & Capt. Woodbury Langdon Sons & Son in Law of
the said Henry Sherburne, Esq r Deceas'd with a copy of this Pe-
tition & order of Court that they may shew cause, why the Prayer
thereof may not be granted. Sent up by Maj r Hobart. [Con-
curred.]

Thursday, March '29 th 1770.

Whereas Walter Bryant and Andrew Wiggin Esq" and Lieut!
John Burleyhave Petitioned the. Governor Councill and Assembly
[p. 7.] setting f^rth that in & by an Act of this Province pass'd in
the Eighth year of his Majestys Reign they were allowed to Raise
by a Lottery or Lottery s the sum of one Thousand Pounds Lawf 1
money to build a Bridge over Exeter River from Stratham to
New Markett, and that the term of two years was allowed them
for compleating the same: and that notwithstanding their utmost
Diligence used in prosecuting said Design they have not been able
to compleat the same ; and the said tewn of two years is Elapsed,
they have therefore prayed the aid of the General Assembly,
Therefore,

Voted and Resolved, That the space and term of two years
longer be allowed them from this Day to carry on and to compleat
the purposes of said Act. Sent up by Mr. Jenucss. [Concurred.]

Fry day March 80 th , 1770.

The Sec y Bro't from the Board the Treasurer's Acc t8 with the
following Report of the Com* 8 * chosen to Examine them. viz.

mo.] JOURNAL OF THE HOUSE. 243

&? Hampshire } *«*"»>* »"«* "™.

We being a Committee appointed by the General Assembly to Examine the
accounts and vouchers of the Treasurer's account have attended that service
and have carefully Examined the foregoing Ace 1 of the Hon ble George Jaffrey
Esq 1 . Treasurer &c. and find the same well vouched and Right cast and accord-
ingly beg leave to Report the same. The Ballance due to the Province being
one hundred and fifty Pounds fifteen shillings and two pence half-penny
Lawful money he accounting for the outstanding Taxes mentioned in the
Ace* by charging himself therewith in his next account.

Theodore Atkinson
Jonathan Warner
Daniel Rindge
John Sherburne
Christopher Toppan
John Giddinge

[p. 9.] Tuesday, April 3 d 1770. p. m.

An Act to Establish an Equitable method of making Hates
and taxes and Determining who shall be Legal voters in Town
affairs, having been three times Read,

Voted That it Pass to be Enacted. Sent up by Mr. Jenness.
{Concurred and passed.]

Whereas Ebenezer Moulton, Richard Smith Elisha Brown and
Jon a Weare have petitioned the Gen 1 Ass m seting forth that they
have given their Security to several Persons for sundry sums of
money Due from the late Presbyterian Society of Hampton falls
now Seabrook amounting to one hundred pounds Lawful money
most part of which sum became Due from Said Society for the
[p. 10 ] support of the Rev d Mr. Pearley before they were In-
vested with Legal Power to collect Taxes; and Praying that they
might be authorized to make a Just and Equitable Assessment on
the several persons concern'd in agreeing with said Perley for said
gum and that they might be authorized to collect the same — and
all parties being duly Notified to attend, The said Petitioners
was heard on their said petition, and the same appearing to be
Reasonable and Just,

Therefore Voted and Resolved, That the said Petitioners be
empowered to make an Assessment on the several persons con-
cern'd in the aforesaid agreement with Mr. Pearley for the said
hundred Pounds, according to the form in which taxes are usually
made in proportion to each persons Estate ; And to give out a
warrant in the usual form to Collect the same, and the Collector
for the said parish of Seabrook for the time being is hereby
authorized to Collect the Same for the said Petitioners to dis-
charge the said sum. Sent up by Mr. Baker. [Concurred.]

244 PROVINCK OF NEW- HAMPSHIRE. }177u.

[p. 11.] Wednesday, Apr 1 4 th 1770.

An Act to continue the last Excise Act having been three
times read,

Voted That it pass to be enacted. Sent up by Maj r Wright.
[Concurred and passed.]

P. M.

Whereas Mess™ Daniel and Sam 1 Sherburn on the 2l 8t Day of
Apr 1 A. D. 1767 gave their Note of hand Payable to the Treas-
urer of this Province for the time being for five hundred and live
Pounds Eighteen Shillings six pence sterling being a sum due to
this Province for a set of Bills of Exchange on the Treasurer of
Pennsilvan* drawn by the Com t€e of this Province for drawing
Bills, which sum is still due to this Province, which Note is now
in the hands of the Hon bl Col Atkinson, Therefore

Voted, That the same be delivered to the Treasurer of this
Province, and that the said Treas r be impowered to take a new
note with good security for said sum payable to said Treasurer or
his successor in said office in six months with Lawful interest till
paid, & on his recei 6 such security that the said old note be deliv-
ered up. Sent up by Mr. Brewster. [Concurred.] Adjourned
till Monday next, 3 p. m.

Monday Ap 1 9 lb 1770, p. m.

The petition of Rev d David McGregore praying for an allow-
ance of the money Recovered against Aaron French — said
French having been committed to Prison & Escaped, being con-
sidered,

Voted, That there be allowd and paid out of the Money to be
put into the Treasury by the next supply Bill, thirty six Pounds
three shillings five pence in hill for the Escape mentioned in s d
Petition. Sent up by y e Clerk Aprill 11. [Concurred.]

[p. 12.] The Petition of James McHurd Esq. for an allowance
tor the escape of Aaron French, being considered,

Voted That there be allowed and paid out of the money to be
put into the Treasury by the next Supply Bill unto James*
McHurd Esq r forty seven pounds seventeen shillings two pence in
full for the escape mentioned in s d petition. Sent up by the
Clerk Ap r 11. [Concurred.]

The petition of Capt. Jonathan Swett for an allowance for the
escape of Nathan Longfellow, being considered,

Voted that there be allowed and paid out of the money to be
put into the Treasury by the next Supply Bill unto Capt. Jona-
than Swett three pounds seventeen shillings in full for the escape
mentioned in s d petition. Sent up by the Clerk Ap r 11. [Con-
curred.]

irjO.J JOURNAL OF THE HOUSE. 245

The petition of Peter Clements for an allowance for the escape
of Aaron French, being considered,

Voted, That there be allowed and paid out of the money to be
pat into the Treasury by the next Supply Bill unto the said Peter
Clements fifteen Pounds one shilling one penny in full for the
escape mentioned in said Petition. Sent up by the Clerk Ap' II.
[Concurred.]

Tuesday April 10 th 1770.

[p. 18.] Voted That John Sherburne Esq r and Mr. Jacob
Sheaf e be a Com tee of this House [with such] as shall be ap-
pointed by the Hon w Councill to repair the Province goal and to
keep the same in repair from time to time for the space of one
year and till the third day of the sitting of the General Assembly
after, at the charge of the Province in order to Prevent the Prov-
ince being put to further charge by means of Prisoners escapes.
Sent up by Maj r Wright. [Concurred & Hon bl Daniel Rindge &
Daniel Rogers, Esq r added.]

Voted, That the Bill of Cost for the Tryal of Maurice Cave-
naugh amounting to Seven pounds sixteen shillings be allowed
and paid to the Clerk of the Sup r Court, out of the money that is
or may be in the Treasury to be by him paid to the Persons men-
tioned in the Bill. Sent up by the Clerk April 11. (a)

(a) Jour. C. & Ass m . April 11, 1770. [Bro't up from the House] a Bill of
cost from the Sup r Court for the tryal of Maurice Cavenaugh for the sup-
posed murder of one George Henderson, & vote of allowance thereon, being
£7:16L 1 m>-. Read & Concurred.

The Dep y Sec y Bro't from the Board the Petition of Daniel
Rogers Esq r and others managers of the Isle of Shoals Lottery
Praying an allowance for their charges &c.

[p. 14.] Wednesday April 11 th 1770.

Voted That there be and hereby is granted unto his Exc y the
Governor of this Province the sum of Sixty Pounds Lawfull
money in consideration of his Extraordinary Services and Expen-
ses in attending the Special Court of Admiralty for the Tryal of
Piracy on the high seas holden at Boston in June last. Sent up
by Capt. Chamberlin. [Concurred.]

[Hon bl Jona. Warner and George Jaffrey, allowed £10. each lawful money,
for like attendance.]

^46 PROVINCE OF NEW-HAMPSHIBE. {1770

An Act in addition to an Act passed in the thirteenth year of
the Reign of her late Majesty Queen An Entituled an Act for the
maintenance and supply of the Ministry within this Province,
haveing been three times Head,

Voted That it pass to be Enacted. Sent up by Deac n Knowles.
[Concurred & passed.]

[p. 15.] Voted, That the aec 1 of the Com*" for Preparing the
Act for Dividing the Province into Counties &c. amounting to
five Pounds fourteen shillings be allow'd and paid out of money
that is or may be in the Treasury unto the Hon blf Daniel Warner
Esq r to be by him paid to the several Persons above mentioned.
Sent up by Maj r Hobart.

P. M.

The petition of sundry Inhabitants of Hampton Falls Praying
that a Com tPe may be appointed to view the Parish &c. Relative
to the situation of a meeting house was taken under consideration
and the Parties being fully heard thereon

Voted That Tho" Westbrook Waldron, Richard Downing Esq™
and Doc 1 " Eben r Thompson be a Com tce of this House to view the
situation of the Parish and make Enquiry Respecting the Circum-
stances of their Meeting House and make Report as soon as may
be. Sent up by the Clerk, [afterwards withdrawn,]

An Act to Revive and continue in force Sundry Acts and Law*
now Expired or near Expiring haveing been three times Read,
• Voted that it Pass to be Enacted. Sent up by Col Moulton.
[Concurred & passed.]

Thursday, Apr 1 12 th 1770.

The House took under consideration the Petition of Mrs. Sarab
Sherburne bro't Down the 28'" of March last and the Parties
being fully heard thereon by their Councill,

Voted That the said Petition be dismissed.

[p. 16.] Voted That there be paid to his Excellency John Went-
worth Esq r our Governor out of the money that is or shall be in
the Treasury the sum of seven hundred Pounds Law 1 money for
one years salary commencing on the thirteenth Day of June next,
the one half to be paid on the said thirteenth of June and the
other half on the thirteenth Day of December next following, and
also the sum of Sixty seven Pounds Law 1 money for House Rent
for the same time. That his Excellency be Desired to Draw the
same out of the Treasury with advice of Councill. Sent up by
Col. GofFe & Capt. Greeley. [Concurred.]

Voted That there be paid out of money in the Treasury unto
the heir or heirs of the Hon bl Theodore Atkinson jun. Esq 1 De-

1770. J JOURNAL OF THE HOUSE. 241

ceas'd, forty Pounds Law 1 money for his service as Secretary from
the first Day of March 1769 to the first Day of November 1769.(1)
Sent up by Col. Goffe & Capt. Greely. [Concurred.]

P. M.

[p. 17.] Voted That there be allowed to Rachel Clough Eigh-
teen shillings and to Anne Clough Nine shillings to be paid out
of money in the Treasury in full for their attendance as witnesses
at the Tryal of Ruth Blay. Sent up by Doc r Bartlett. [Con-
curred.]

Whereas it appears by an Attested Copy from the Council
books that in February 1755 there was allowed to Mr. John Sher-
borne for Warehouse hire &c. one hundred & twenty five Pounds
Lawful money, which money it appears on examination was never
paid,—

Therefore Voted That there be allowed & paid to the said
John Sherburne Twenty five Pounds Lawful money in full for the
use of said Warehouse out of money in the Treasury. Sent up
by Deacon Knowles. [Concurred.]

Fryday Apr 1 13 th 1770.

[p. 18.] Voted That John Sherburne Esq 1 and Mr. Jacob
Sheafe be appointed a Com tee of this House tojoyn with such as
shall be appointed by the Hon bl the Council to farm out the
Excise on Spirituous Liquors to a receiver or Receivers as they
shall judge best, to be Commissioned by the Governor to make
a faithful 1 collection of the same, & that the Money arising
thereby be put into the Province Treasury to be apply'd to the
use of the Government, as the Governor Council & Assembly
shall order. This selling or farming shall be for one year only
commencing the first Tuesday in September 1770, &> that the
Receiver or Receivers to whom the same shall be farmed or Lett
shall give sufficient security to the Treasurer for the time being
as the Com teo shall direct. Sent up by Capt. Worthen. [Con-
curred.]

An Act tor Granting unto his most Excellent Majesty the sum

(1) " Theodore Atkinson, jr., one of his Majesty's Council, and Secretary of the Province,
departed this life on Saturday, the 88th of October, aged thirty -three years; and on the
Wednesday following, his remains were deposited in the family tomb at Queen's Chapel.
During the procession minute guns were tired at Castle William and Mary, and from his
Majesty's ship Beaver in the harbour ; and every other testimony of respect was shown,
which his public station and private virtues demanded. He was the only son of the Hon-
ourable Theodore Atkinson, Chief Justice of the province and President of the Council.
He received his education at Harvard College, and was graduated in the year 1757. He was
mild and obliging in his disposition, faithful and correct in his official duties, and devout in
the exercises of religion."

"Saturday. November 11th, Governor Wentworth, was married by the Rev. Arthur
Brown, in Queen's Chapel, to Mrs. Frances Atkinson, relict of Theodore Atkinson, jun.,
.deceased, and daughter of Samuel Wentworth, Esq., of Boston. Her full maiden nanw*
was Frances Deering Wentworth." [Adami Ann. Portsmo., p. 225.] — E».

"248 PROVINCE OF NEW-HAMPSHIRE. (1770.

of two Thousand Pounds Law 1 money tor the uses and purposes
therein Declared, Having been three times Read,

Voted That it pass to be Enacted. Sent up by Capt. Chamber-
in 1% Mr. Webster. [Concurred & passed.]

P.M.

Voted That his Excellency the Capt. General be Desired to
give Orders for Inlisting five men to be posted at his Majesty's
fort Wm. & Mary for one year commencing the first day of
March last under such officer as he shall be pleased to appoint.
The pay of the officer shall be thirty six shillings Law 1 money pr
month, and each Private Eighteen shillings pr month and five
shillings pr week for Billeting to be paid when the Muster Roll
shall be allowed by. the General Assembly. Sent up by Capt.
Worl hen. [Concurred.]

[p. 19.] Saturday Apr 1 14 th 1770.

The Act to preserve the fish in Piscalaqua River Having been
three times Read,

Voted that it pass to be Enacted. Sent up by Col GofFe.
[Concurred & passed.]

A motion was made that the Address to his Majesty which was
prepared some time past but had not yet been sent, should now
be forwarded to the agent with a Letter to him Directing him
how to proceed with the same.

The Question being put it PassM in the affirmative.

The Address is as follows:

To the Kings Most Excellent Majesty —

The Humble Petition of the House of Representatives of your Majesty's
Province of New Hampshire, shews:

That your Majestys Loyal and Dutifull subjects the Representatives of
your Province of New Hampshire with the most profound Humility and the
Deepest sense of Duty and Affection Beg leave to Supplicate your Majesty
and to present our most Gracious Sovereign a view of the Grievances and
Distresses under which your Majesty's good subjects of this Province Labour.

We esteem it the Happy Priviledge of all your Majestys subjects in all the
Difficulties and Distresses they feel wherein your Majesty may give Releaf to
have free liberty to approach the Royal Presence with those Supplications
which they hope will prove effectual. And we do not Entertain the least
suspicion that your Remote American Subjects are or even will be Excluded
from that Priviledge.

[p. 20. | We most heartily and sincerely Profess our allegiance to your
Majesty of which we trust our conduct & Behaviour has always given the
clearest Evidence; the Obedience and affection of the People of this Prov-
ince to your Majesty and your Royal Predecessors has we apprehend never
been called in question or in any means doubted.

Our Ancestors from England transplanted themselves to this Country at
their own expence. They bro't over with them their Natural allegiance to
the Crown of England with an inseperable unalienable Right to all that Pro-

1770.] .JOURNAL OF THE HOUSE. 249

tection of their Liberty and Property to which all Liege Subjects of the Brit-
ish Empire are Intituled. After they had conquered the Savages of the
wilderness at an almost incredible Expence of Blood and treasure and settled
themselves in a Country which on their first arrival they found a howling
Wilderness, your Majestys Royal Predecessors as a Proper Reward of their
Labour and Peril in Extending the English Empire were pleased to grant
a Power of Legislation limited to the approbation or disallowance of the
Crown with the Power and Priviledge essential to British liberty of Raising
Internal Taxes by their own Representatives, which priviledge and Right
they from the first erecting a Government here, and we after them have
enjoy' d till the late Acts of Parliament Enacted for the sole & Express Pur-
pose of Raising a Revenue in America ; which acts we would humbly Repre-
sent to your Majesty are subversive of those Rights and' liberties which our
Ancestors so Dearly purchased.

We do by no means Dispute the authority of the British Legislature, We
have Ever been and still are obedient to all acts of Parliament Regulating
the affairs of your Majestys Subjects in general and the Due Administration
of Justice without complaint. But we cannot but be sensibly affected with
the loss of that advantage without which we are no longer free men nor can
have any claim to the peculiar Glory and Boast of the subjects of the British
Empire, which is the absolute Disposal of their own property. But these
Acts tax us without our own consent and deprive us so much of our prop-
erty as in virtue thereof is taken from us without our voice and contrary to
our Priviiedges as Englishmen; and we humbly apprehend our Complaint in
this Respect cannot Justly be imputed to us as a fault or tending to Dis-
loyalty or Disaffection to Government, for we humbly apprehend we should
be unworthy the character of your Majestys subjects and Englishmen if we
had not Sensibility to perceive the happy Constitution of Government we
live under and to Deprecate the loss of it.

The Assemblies of this Province have always Readily complied in a Con-
stitutional way with every Requisition from your Majesty to contribute to
the utmost of their ability for the Defence of any of your Majestys Domin-
ions, and we beg leave to Represent to your Majesty the hardships and im-
propriety that our Property should be granted by the House of Commons of
Great Brittain, in which we are not nor can be Represented, who bear no
part of the burden of the taxes, they are pleas 7 d to grant to be levied on us
and who by their local situation and want of Seasonable intimate knowledge
of the circumstances of this Country are unlikely to fix upon the most Ex-
pedient and Equitable method of Levying taxes here.

[p. 21.] We humbly apprehend that taxes being imposed on us by way of
Duties on any of the Necessaries of life or in any other measure whatsoever
without our consent must necessarily terminate in the total loss of our Lib-
erty and Distraction of our property; and most humbly beg leave to suggest
that in every instance wherein your Majestys subjects are unconstitutionally
Deprived of their just Rights your Majesty's Government is weakened.

Wherefore in full and Humble confidence of your Majestys Paternal and
Impartial Regard to the happiness and tranquillity of all your subjects, we
are Encouraged to make this humble application and to Intreat your Majesty
would be graciously Pleased to take our Petition into your wise consideration
and Grant us such Relief therein as to your Royal Wisdom shall seem meet:
And we beg leave to add that it is our Earnest prayer to the Supreme Gov-
ernor of the Universe that all kinds of Blessings may be granted to your
Majesty and your Royal offspring, and that all your subjects may be long happy
under your Auspicious Reign.

By order of the Hous^ of Representatives

P. Oilman, Speaker.

Ocf 29 th 1768.

250 PROVINCE OF NEW-HAMPSHIRE. (1770

The following Letter to the Agent was sent with the Address
viz.

Province of New Hampshire

Portsmouth, Apr 1 11 th 1770.
Sk.—

The Assembly of this Province being sensible of the Burdens and hardships
which his Majestys good subjects here as well as in his other Provinces and
Colonies have sustaind by the late Acts of Parliament which have succeeded
the Stamp Act, tho' t it their Duty to their Constituents to present their
humble Petition to his Majesty to Represent their sense of the situation they
were in by the operation of those Acts. That it was matter oi' great Griev-
ance and humbly to pray for that Relief which as loyal and Dutifull subjects
from his Majestys known clemency and Goodness they had just Ground to
Expect; and did accordingly prepare the Address herewith presented, but by
some accident occurring it was not sent at the time Designed : yet they judged
it proper to send it to you now, and ordered me so to do with this Instruction
as their Agent: That if the Acts Referrd to are Repealed to suppress it, — if
not to present it; That if it has no other effect, it may at least Demonstrate
that we have Sensibility to feci the Oppression and are much aggrieved as well
as others with the weight of the General Burden, and hope it may serve as a
Remembrancer that we acted in Concert with our neighbors to obtain a Re-
moval of the Burdens under which we groan, and it is their Earnest Request,
that you use every Loyal Measure for obtaining the Desired Relief.
I am. S r , your most humble Ser v .

By order of the House of Representatives

Barlow Trecothick, Esq.

[p. 2*2.] A motion was made (hat tho Letters from the Speaker
of the House of Burgesses in Virginia and the Resolves therewith
sent, and the answers to said Letters might be read, as also the
Letter from the Speaker of the Lower House of Assembly in
Maryland and the Resolves therewith sent, and the Answer to said
Letter — which being all .read and considerd

Voted, That they be all entered in the Journals of this House,
and are as follows.

Virginia, May 9 th I76a.

SlK —

The House of Burgesses of this Colony having very attentively considered
several late acts of the British Parliament, and being of opinion that they
manifestly tend to deprive the Inhabitants of the Colonies of their rights and
privileges, have thought it their duty as Representatives of a free people, to
take every regular step to assert that constitutional liberty, on the destruc-
tion of which those laws seem to be erected.

They have therefore thought proper to represent That they are sensible of
the Happiness and security they derive from their connexions with and
dependence on Great Britain, and under the greatest concern that any un-
lucky Incidents should interrupt that salutary harmony, which they wish ever
to subsist. They lament that the remoteness of their situation often exposes
them to such misrepresentations, as are apt to involve them in censures of
disloyalty to their Sovereign, and the want of a proper respect to the British
Parliament: Whereas they have indulged themselves in the agreeable pur-
suasions that they ought to be considered as inferior to none of their fellow-
subjects in loyalty and affection.

That they do not affect independence of their parent Kingdom, the pros-
perity of which they are hound to the utmost of their abilities to promote,
but cheerfully acquiesce in the Authority of Parliament to make laws for

1770.] JOURNAL OF THE HOUSE. 251

preserving a necessary dependance, and for regulating the trade of the Colo-
nies; Yet they cannot conceive, and humbly insist, it is not essential to sup-
port a proper relation between a mother country and colonies transplanted
from her, that she should have a right to raise money from them without
their consent; and presume they do not aspire to more than the natural
Rights of British subjects, when they assert that no power on Earth has a
right to impose taxes on the people, or to take the smallest portion of their
property without their consent, given by their Representatives in Parliament,
This has ever been considered as the chief pillar of the Constitution; without
this support, no man can be said to have the least shadow of liberty, since
they can have no property in that which another can by right take from him
when he pleases, without their consent.

[p. 23.] That their Ancestors brought over with them entire, and transmitted
to their descendants the natural and constitutional rights they had enjoyed in
their native country; and the first principles of the British constitution were
early engrafted into the constitution of the Colonies. Hence a legislative
authority, ever essential in all free States, was desired, and assimilated as
nearly as might be to that in England ; the executive powers and the right of
assenting or dissenting to all laws reserved to the Crown, and the privilege of
choosing their own Representatives continued to the people, and conferred to
them by repeated and express Regulations. The government thus estab-
lished, they enjoyed the fruits of their own labour with a security which
liberty only can impart. Upon pressing occasions they applied to his Maj-
esty for relief, and gratefully acknowledge they have frequently received it.
from their mother country; whenever their assistance was necessary, requisi-
tions have constantly been made from the Crown to the Representatives of
the people, who have complied with them to the utmost extent of their abili-
ties. The ample provision made for the support of the civil Government, in
the reign of King Charles the Second, and at his request, and the large sup-
plies voted during the last War, upon requisitions from his Majesty and his
royal grandfather, afford early and late instances of the dispositions of the
Assemblies of this Colony, and are sufficient proofs that the Parliament of
Great Britain did not, till lately, assume a power of imposing taxes on the
people for the purpose of raising a revenue. To say that the Commons of
Great Britain have a right to impose internal taxes on the inhabitants of
this continent, who are not and cannot be represented, is in effect to bid
them prepare for a state of Slavery. What must be their situation should
such a right be established ? The Colonies have no constitutonal check on
their liberality in giving away their money, cannot have an opportunity of
explaining their grievances, or pointing out the easiest method of taxation,
for their doom will generally be determined before they are acquainted that
the subject has been agitated in parliament, and the Commons bear no pro-
portion of the taxes they lay upon them. The notion of a virtual represen-
tation, which would render all our rights merely ideal, has been so often
and so clearly refuted that nothing need be said on that head.

The oppressive Stamp Act confessedly imposed internal Taxes, and the
late Act of Parliament giving and granting certain duties in the British Colo-
nies plainly tend to the same point. Duties have been imposed to restrain
the commerce of one part of the Empire that was likely to prove, injurious
to another, and by this means the welfare of the whole promoted, but duties-
imposed on such of the British exports as are necessaries of life, to be paid
by the Colonies on importation, without any view to the interests of Com-
merce, but merely to raise a revenue, or in other words to compel the colo-
nists to part with their money against their inclinations, they conceive to be
a Tax internal to all intents and purposes, and can it be thought just or reas-
onable, restricted as they are in their trade, confined as they are in their
exports, obliged to purchase these very necessaries at the British Market,
that they should now be told they shall not have them without paying a duty
for them.

[p. 24.] The act suspending the legislative power of New York they consider
as still more alarming to the Colonies, tho' it has that single Province in view.
If the Parliament can compel them to furnish a single article to the troops
sent over, they may, by the same rule, oblige them to furnish cloaths, arm#

252 PROVINCE OF NKW-HAMPSHJRK. [1770.

and every other necessary, even the pay of the officers and soldiers, a doc-
trine replete with every mischief, and utterly subversive of all that's dear and
valuable: For what advantage can the people of the Colonies derive from
tneir right of choosing their own representatives, if those representatives
when chosen, not permitted to exercise their own judgments, were under a
necessity (on pain of being deprived of their legislative authority) of inforc-
ing the mandates of a British Parliament.

This, sir, is a sketch of their sentiments, as they are expressed in a Peti-
tion to his Majesty, a Memorial to the Right Honourable the Lords Spiritual
and temporal in* Parliament assembled, and in a Remonstrance to the
Knights, Citizens and Burgesses of Great Britain in Parliament assembled.
In all these proceedings the Council of this Colony have concurred, and have
directed their agent, James Abercrombie Esq. to join Edward Montague Esq.
the agent for this Colony in applying for redress of the grievances they so
justly complain of. Copies were delivered to the President, who is desired to
transmit them to the Secretary of State, appointed by his Majesty to manage
the affairs of North America, and Mr. Montague is enjoined to consult the
agents of the other colonies, and to co-operate with them in every measure
that shall be thought necessary on this delicate point.

This House hope they have expressed themselves on this occasion with a
firmness that becomes freemen pleading for fundamental rights, and with <t
decency that will exempt them from any imputations of faction or disloyalty.
They have made known their proceedings on this subject, with a view that
the Representatives of your Province being acquainted with them, may go
hand in hand in their opposition to measures, which they think have an im-
mediate tendency to inslave them; and are persuaded that the candour of
your respectable House will consider it in no other light. They are not with-
out hopes that by a hearty union of the Colonies the Constitution may be
again established on its genuine principles; an end equally to Ik- desired
both by the mother country and her Colonies.

In the name and by order of the
House of Burgesses ; 1 am with the
greatest respect, your most obedient
humble servant.

Peyton Randolph, Speaker.

[p. 25.] The Answer to the foregoing Letter.

Sr.

The very acceptable Letter from the Honorable Blouse of Burgesses of the
Colony of Virginia to the General Assembly of the Province of New Hamp-
shire came safe to hand and has been communicated to this House, who
gladly Embrace the opportunity of Declaring their in tire concurrence with
those sentiments of Liberty Expressed in your letter; Expressed with that
firmness which becomes free-born Englishmen, yet tempered with unexcep-
tionable Loyalty ana Subjection to Parliamentary Authority in every thing
agreeable to the fundamental maxims of the British Government. It affordi
high satisfaction to this House that they entertain the same views of the late
grievous Acts of Parliament with the Rest of their American brethren, and
which your honorable House have in a friendly manner communicated.

They have the pleasure to assure you thai they haw already endeavored to
Represent in a proper light these unconstitutional infringements upon the
Liberty and property of his Majesty's faithful] subjects in America, in a
humble Petition to the king, imploring his Paternal interposition for thqjr
Relief. Their allegiance remains unshaken by all the violences which have
been lately offered to the Constitution, nor do they indulge the most secret
wish to Bee these Colonies Independent on the Parent Country: But on the
contrary feel the deepest concern at every unhappy incident that may have
a tendancy to interrupt that perfect harmony, and weaken that natural con-
nection which are the strength safety and wealth of the whole Empire.

1770.] JQUJttJSAL OF THIS HOUSE. $5.9

They are very sensible that the duties imposed by the late Acts of Parlia-
ment, on some of the most necessary Articles of Commerce, for the sole and
Express purpose of Raising a Revenue, are equivalent to the most direct in-
ternal taxation, and that in. this Respect a Power is claimed and Exercised
by the Legislative Authority of Great Brittain to take what sums of money
they please from the Colonies, without any grants made by the people, who
are not and cannot be Represented in the Brittish Parliament, and they are
fully persuaded that these last acts are in their nature and effects very little
Different from the former oppressive Stamp Act, but equally tend to the
Destruction of Liberty & commerce.

They moreover consider every exertion of Power to inforce these unconsti-
tutional Acts as Dangerous to the peace and wellfare both of Great Brittain
and the Colonies ; Especially any attempts to Deprive the Representatives of
the People in America, in their respective Assemblies of the full freedom of
[p. 26. J voting in affairs which properly belong to this branch of authority by
sending peremptory mandates armed with the terrors of a suspension or Dis-
solution of their Legislative power, if they refuse to comply.

Their Anxiety and Distress are increased in a very high degree by the ap-
pearance of warlike preparations making at this time by Great Brittain, not
so much against a common Enemy as to intimdate her own children and
force them into submission to those very Burdens of which they are com-
plaining. They are struck with horror at the very idea of Civil wars in
America, and earnestly hope never to be put to the dreadful alternative either
to take the sword or submit to give up all English Liberties.

This House will always consider it as their Duty, Honour and highest Am-
bition to manifest the most sincere Loyalty and Affection to their Sovereign,
to do their utmost to maintain lawfull authority, and to show equal Zeal with
any of their Brethren on this Continent for the prosperity of the nation and
the preservation of those liberties and priviledges which are the impregnable
Bullwarks of the British Government. And they are Determinined to use
their best Endeavors to prevent all tumults and whatsoever tends to open
Rebellion and anarchy while they heartily unite in pursuing such sober Con-
stitutional measures as may most Effectually procure the Removal of all
Causes of Complaint, fix our liberties on a firm basis, cement the Colonies to
Great Brittain with all the strength of mutual Interest, affection and confi-
dence, and open the obstructed Channels of National Commerce.

I am, S r , your most Obedient Hum w Serv*

P. GlLMAXt, Speak 1 '.

[p. 27.] Second Letter from Virginia.

Virginia, 19 th May 1760.
Sr.

The House of Burgesses met on the 8 th instant, on the 16 th they took into
their serious consideration the State of this Colony, and in the course of their
Deliberation being alarmed at the Distress in which all America is likely to
be involved, came to several necessary Resolutions, Copies of which they
have given me Particular Directions to transmit without Delay to the Speaker
of the several Houses of Assembly on this Continent and to Request their
Concurrence therein.

In obedience of their Order, I now, Sir, Inclose you a Copy of those Reso-
lutions and am persuaded the importance of the subject will be sufficient to
engage the immediate attention of your Respectable House, and the Circum-
stances of America evince the propriety of their Conduct.

His Excellency the Governor tho't fit on the 17 th to Dissolve the Assembly.
However discouraging this Reprehension may be, yet we hope that our loyalty
and affection to his majesty, our Regard to the true Interest of our Mother
Country and our Inclinations to terminate this unhappy Dispute will be made

2o4 PROVINCE OF NEW-HAMPSHIRE.

[1770.

manifest and will in the end dispose our Gracious Sovereign to interpose in
our tVivor and to procure for his injured people the Redress that they most
Humbly ask for.

I am with the Greatest Respect

Your most Obedient Sctv*

Peyton Randolph.

Speaker of the House of Assembly
of New Hampshire.

Resolves of the House of Burgesses of Virginia.

Tuesday the lC* h of May, 9 th Geo. Ill: 1709.

Mr. Blair Reported from the Committee of the whole House to whom it
was Referred to consider of the present State of the Colony, that they bad
come to several Resolutions which lie read in bis place and afterwards Deliv-
er'd in at the Clerk's table where the Same were Read as follows, viz.

Resolved, That it is the opinion of this Committee that the whole Right of
imposing Taxes on the inhabitants of this his Majestys Colony and Dominion
of Virginia is now and ever hath been legally and Constitutionally vested in
the House of Burgesses Lawfully Convened according ta the Ancient and
Established Practice with the consent of the Councill and of bis Majesty the
King of Great Brittain or his Governor for the time being.

[p. 28.] Resolved, That it is the opinion of this Committee, That it is
the undoubted privilege of the Inhabitants of this Colony to Petition their
Sovereign for Redress of Grievances; and that it is Jawf'ull and expedient to
procure the concurrence of his Majestys other Colonies in dutiful! Addresses
praying the Royal interposition in favour of the violated Rights of America.

Resolved, That it is the opinion of this Committee, That all Tryals for
Treason, Misprision of Treason, or for any Felony or Crime whatsoever
committed and done in this his Majestys said Colony and Dominion by any
person or persons Residing therein ought of Right to be had and conducted
in and before his Majestys Courts held within the said Colony according to
the fixed and known course of Proceeding; and that the seizing any person
or persons Residing in this Colony suspected of any Crime whatsoever com-
mitted therein and sending such person or persons to places beyond the
Sea to be tried is highly Derogatory of the Rights of Brittish subjects, ai
thereby the inestimable priviledge of being tryed by a Jury from the Vicin-
age as well as the liberty of summoning and producing Witnesses on such
tryal will be taken away from the party accused.

Resolved, that it is the opinion of this Committee that an Humble Dutyful*
and Loyal Address be presented to his Majesty to assure him of our Inviola-
ble Attachment to his Sacred Person and Government, and to beseech bis
Royal interposition as the father of all his People however Remote from the
Beat of his Empire to quiet the minds of his Loyal subjects of this Colony
and to avert from them those Dangers and miseries which will ensue lrom
the seizing and carrying beyond Sea any persons Residing in America sus-
pected of any crime whatsoever to be tryed in any other manner than by the
ancient and long established course of Proceeding.

The said Resolutions being severally Read a second Time.

Resolved, Neinine Contradicente,

That the House Doth agree with the Committee in the said Resolutions.

Ordered that the Speaker of this House do transmit without Delay to the
Speaker of the several Houses of Assembly on this Continent a Copy of the
Resolutions now agreed to by this House, Requesting their concurrence
therein.

A true Copy Extracted from the Journals of the House of Burgesses.

G. W\the, C. H.B.

1770.] JOURNAL OF THE HOUSE. 255

[p. 29.] Answer to the Second Virginia Letter.

Portsmouth, New Hampshire, Ap 1 11 th , 1770.
Sir —

I Received your Letter of the 19 th of May 1769 with the Resolves of your
Honorable House of Burgesses, and laid the same before the Assembly of the
Province at their next Session in January last. They gratefully acknowledge
the favour of having your sentiments on the Rights of his Majesty's subjects
communicated to them, which are so similar to our own, for which I am
Directed to Return your House of Burgesses the thanks of this Assembly.

We Rejoice to see the unanimity iu Sentiments in the Colonies in those
important Points.

We have sent sum further Instructions to our Agent this Session on those
Interesting Affairs: Altho' we are in Daily hopes or Hearing our Gracious
Sovereign has caused those matters of Grievance to be Removed.
' I also inclose you a Duplicate of our Answer to your letter of the 9 May
1768, and am

Honourable Sir, your most Respectfull and obedient servant
By order of the Assembly,

of New Hampshire

P. Gilman, Speaker.
Payton Randolph', Esq 1 .

Directed to the Hon ble the Speaker of the Honourable House of Burgesses
of the Colony of Virginia.

Maryland Letter.

Maryland, Feb? 26 th , 1770.

A copy of the Resolutions of the House of Burgesses of the Colony of
Virginia entered into the 16 th of May last being sent to me by the Honoura-
ble Speaker was laid before the House of Delegates of this Province at their
Session in November last, who upon consideration thereof were of opinion
they could not more clearly evince their approbation of the conduct of the
[p. 30.J very Respectable House of Burgesses of his Majesty's Ancient Colony
of Virginia on so alarming an occasion than by Readily and Unanimously
entering into Resolutions of a Similar nature, a copy of which in obedience
to their order I now transmitt you, as I do to the Speakers of all the other
Houses of Assembly on the Continent.

And am with the greatest Respect

S r . your most obedient Servant,

Robert Floyd, Speaker.
Directed

To the Hon ble the Speaker of the House of Representatives of the Province
of New Hampshire.

Maryland Resolves.

By the Lower House of Assembly of the Province of Maryland, November
Session 1769.

Resolved Unanimously, That the Representatives of the freemen of this
Province in their Legislative capacity with the Assent of the other part of
the Legislature have the sole Right to lay taxes and impositions on the In-
habitants of this Province or their property and effects, And that the laying,

'256 PROVINCE <>V NEW-HAMPSHIRE. [17H),

imposing, Levying or Collecting any tax on or from the Inhabitants of Mary-
land under colour of any other authority is unconstitutional and a Direct
violation of the Rights of the freemen of this Province.

Resolved Unanimously, That it is the undoubted Privilege of the Inhabi-
tants of this Province to Petition their Sovereign for Redress of Grievances,
And that it is Lawfull and Expedient to procure the concurrence of his Maj-
estys other Colonies in Dutiful Addresses praying the Royal interposition in
favour of the violated Rights of America.

Resolved Unanimously, That all Tryals for Treason, Misprision of Treason
or any felony or Crime whatsoever committed or done in this Province ought
of Right to be had and conducted in and before the Courts of Law held
within this Province according to tbe fixed and known Course of Proceeding ;
And that the seizing any person or persons suspected of any crime whatso-
ever committed in this Province and sending such person or persons to
[p. 31.] places beyond the Sea to be tryed is highly derogatory of the
Rights of Brittish Subjects as thereby the Inestimable Privilege of being
tryed by a Jury from the vicinage as well as the liberty of Summoning and
Producing witnesses on such tryal will be taken away from the Party accused.

Answer to the Maryland Letten\

Portsmouth in New Hampshire, April 11 th , 1770.

I have Received your Letter of the 26 th Feb* with the Resolves of your
Lower House of Assembly, which I have laid before the Assembly of this
Province at their next meeting after the Receipt of yours. They gratefully
acknowledge the favour shown them in communicating your sentiments on
the Rights of his Majestys American subjects in this critical conjuncture or
affairs : And I am Directed to Return your Assembly the thanks of this
House. Your Resolves are approved here, and we Rejoice to see the Union
and Resolution of the Colonies to support and Defend their Liberties, and we
heartily joyn with you by all proper ways and means to endeavor to maintain
the freedom to which his Majestys Subjects in America as well as in Great
Brittain have a just Right.

1 am, Sir, your most Humble and most obedient Servant.
By order of the House

of Representatives.

P. Cu man, Speaker.

The House adjourned to Monday next ten o'clock in the fore-
noon.

[p. 32.] Monday, April 16 th 1770, p. m.

Voted, That Samuel Hobart be Clerk pro tempore.

Voted, That John Sherburne and .Taeob Sheafe Esq'* be a Com-
mittee to joyn with such as may be appointed by the Hon bl *
Council] to Receive Guns and any other stores belonging to the
Province, of the late expedition that are in the hands of the late
Committee of war- or any of them and <ell the same at Pnblick
Vendue as soon as may be arrd put the money arising thereby into
the Treasury to be disposed of as the Gen 1 Ass™ may order. Serrt
up by Maj r Wright. [Concurred, & Hon b,e Daniel Warner & Dan 1
Rogers Esq" added.]

1770. | JOURNAL OF THE HOUSE. 257

The Dep y Sec y Brot Down the following written message from
his Excellency, viz.

| p. 33.] Mr. Speaker and Gentlemen of the General Assembly —

As the General Assembly hath not been one hour delay' d by me since my
arrival in the Province and the immense Expence of Long Sessions been
much Regretted, I therefore have examined the various matters Prepared for
the Chair this last week which are indeed by far the greater part of the
whole: Notwithstanding the severe and Painfull Indisposition which still
continues to afflict me and and puts it out of my Power at this time to con-
vey all those Remarks which Result from the Publick business Done & left
undone in this Sessions, I Return you my thanks for the Provision made for
the support of his Majestys Government the ensuing year. The Supply Bill
granted shall be faithfully apply' d. It is with the Greatest Pleasure that I
congratulate you that no man can justly say the taxes are heavy, for the
whole Does not Exceed 3s 8 cl Proc a money to each Rateable in the Province.
Perhaps if exactly known and taken not 3-6 a ; an instance I believe heretofore
unexampled in any Province or Country whatever. Many towns in our
Neighbouring Provinces Raise Double and some much more; hence we
surely have great Reason to Rejoice.

In examining the Votes of allowances I find Notable Sums granted for Es-
capes from the Province Goal, had one fifth part of these sums been timely
granted to Repair and Secure the Prison the Remainder would have been
Reputably and Generously saved to your Constituents. I cannot well' Enter
into a Particular Disquisition upon the other votes of this sort only thus far
in general to observe that it is my opinion that the time spent in the Defalca-
tions & grindings off from them will for every penny thus saved cost the
Province at least a Pound in the time of the General Court actually paid out
of the Treasury.

As to my acco 1 of Expences on a Journey to Boston upon a tryal of Piracy
the small Pareing you have voted is the object of my Pity, because the service
was truely solely and most importantly Provincial. It was Discharged with
due Regard to the Honour of the Province, and the whole sum uprightly
expended in it ; however if any one honest taxable in the Province is com-
forted in the one penny thus saved to him out of the money from my Pocket
[p. 34] I do Rejoice at the vote, am Ready to present and add the sum
granted and heartily wish the whole Expence annually paid by the Province
for travelling was so usefully disposed of.

Thus Gentlemen I find my Salary for the year 1769 Reduced to six hundred
and fifty Pounds at a time when I appeal to every member of your House for
your opinion that the Salary granted me hath never come near to the support
of my mere Family expences in any year since I've been in the Province,
and this year hath Rendered it prudent for me to Retire to my own Estate in
the Country to make your grant more adequate to my support, being ever
Desirous Rather to surfer in my Private fortune than have an adequate Pub-
lick income from any other than the voluntary Justice and generosity of the
People of the Province whose individual manliness of Spirit I know and
Honour. In this vote fifty Pounds is somehow stoped : In the next vote I
find full four times the sum yielded unasked, and I believe unexpected being
the Interest of more than five hundred Pounds Sterling in cash Received by
two gentlemen, and had at least five years without voteing it should be asked
of them, which had it been there can be no doubt from the fair Reputation
and Integrity of those two gentlemen would have Readily been accompted
for, as it was most undoubtedly Due, but is now become exactly one tenth
part of the Province tax for this year and your Constituents will Pay it.

My painfull Indisposition is too great to allow of my Proceeding through
the whole I intended. I have consented to such acts and votes as appear to
me for the Publick service.

I have now only to thank both Houses for the moderation and good Dis-
17

258 PItOVINCE OF NEW-HAMPSHIRE. [1770.

position with which the business of the Session has been conducted and to
wish the same Harmony and unanimity that has hitherto Distinguished this
Province may ever continue to be the source of their Honour and Prosperity :
and as nothing further appears likely at this time to be transacted for the
Publick good I have tho't it best for his Majesty's service to Prorogue the
General Assembly of this Province to Tuesday the 19 th June next and this
General Court is accordingly Prorogued to said Day. (a)

J' Wextwokth.
New Hampshire
Councill Chamber 10 th April 1770.

f (a) [Votes. acc te , petitions &c. passed by the House and concurred by the
Council from March 20 th to April 16 th , 1770. J

Jour. C. <fc Assm. Petition of Noah Rawlins, to redeem certain land.
Leave to bring in a bill.

Petition of Patrick Bonner, for support. The town of Litchfield ordered
to make provision for the same.

Petition of Inhabitants of Hillsborough to oblige the Proprietors of .Society's
lands to maintain a road, — hearing granted & Com. appointed.

Petition of Richard Jenness, 3 d , as agent from the town of Deerfield for a
tax of two pence per acre on land, for building a meeting house — hearing
granted.

Acct. of Daniel and Robert Fowle for printing, allowed £4: 11.

Acct. of Wm. Appleton for books for Records, allowed £13: 12.

Muster roll of Capt. Thos. Bell, of soldiers in fort Wm. & Mary, allowed
£165: 10: 9.

Acct. of Thos. Bell, for graving the Governor's barge, allowed £1:3:3 1-2.

Bill of cost for the tryal of Maurice Cavenaugh charged with the murder of
George Henderson, paid £7 : 10 : 0.

Rev. Dr. Langdon, as chaplain, allowed 50s.

Rev. Mr. Haven, as chaplain, allowed 50s.

Rev. Arthur Brown, as Chaplain of the Council, allowed £5 lawful money.

Thomas Packer, Sheriff, allowed £25, L 11 m>', for services.

Acct. of Richard Jenness, 3' 1 for wood, allowed £7: 4 L 1 m v .

Acct. of Eleazer Russell for Governor's postage, allowed £20: 8: 10 L. m.

Acct. of Theo. Atkinson, Esq. for books for Sec- vs office, allowed £12: 17: (3.

Acct. of Geo. Jaffrey for sundry articles of printing, allowed £5: 11.

Acct. of John Penhallow for fire-shovel, tongs & bellows for the use of
'Gen 1 Assem. allowed lis L. m.

Wm. Parker, Esq. for drawing Acts, &c. allowed £14: 12.

Sam 1 Livermore, Esq. for drawing Acts, allowed £14: 13.

His Excellency gave his consent to sundry accts. and allowances, which the
Council had concurred, and also to the following papers, viz.

The Act for granting to his Majesty the sum of two thousand Pounds as a
supply for the year 1770.

An Act for continuing the Excise Act, one year from the 24 th Sept. 1770.

An Act to preserve the fish in Piscataqua River.

An act to Establish an equitable method of making Rates & Taxes & deter-
mining who shall be legal voters in Town affairs.

An Act for the maintenance & supply of the Ministry within this Province.

1770.1 JOURNAL OF THE HOUSE. 259

The vote for accepting the Report of the Comm tee appointed to settle the
Treasurer's Acc ts .

The vote appointing a Coin tee to keep his Majesty's Goal in Portsm in
proper repairs.

The vote for enlisting men for Fort William & Mary for 1770.

The vote for a Com tee to farm the Excise.

The General Assembly was by the Governor's Proclamation
further Prorogued to the 18 th of Sept. and by Another Proclama-
tion to y e 13 th of Nov r and adjourned to Tuesday the 1.1 th De-
cemb 1 '.

Proclamation by the Governor.

[Copied from MS. Corr., Vol. Ill, p. 309.]
Province of )

New Hamp 1 ) By his Excellency John Wentworth Esquire, Captain Gen-
eral, Governor and Commander in Chief, in and over his Majesty's Prov-
ince of New Hampshire, and Vice Admiral of the same.
The following Proclamation having been transmitted to me by Commodore
Gambler, I have thought fit by and with the advice of his Majesty's Council
to cause the same to be published, hereby requiring all Magistrates and others
within this Province, whom it may concern to use their utmost endeavors to
cause that the Tenor thereof be complied with for his Majesty's service.

Given at the Council Chamber at Portsmouth, the thirteenth day of
December in the Eleventh year of his Majesty's Reign, Annoque Domini
1770.

By his Excellency's Command,

with Advice of Council.

Proclamation.
[Copied from MS. Corr. Vol. Ill, p. 307.]

By James Gambiek Esq 1 Commander in Chief of his Majesty's Ships and
Vessels employed or to be employed in the River St. Lawrence and along
the Coast of Nova Scotia, the Islands of St. John and Cape Breton, and
thence to Cape Florida and the Bahama Islands.

It having been represented to me that several Seamen and Marines who
have since the first of October last deserted from his Majesty's ships on this
Station, are now lurking in different parts of this and the neighbouring Prov-
inces, thoroughly sensible of their fault, but deterr'd from returning to their
duty through fear of punishment: I do, in consideration thereof hereby
promise his Majesty's most gracious Pardon to all such who shall before the
! first of February next, return to the King's ships to which they belong, or
repair on Board any of his Majesty's ships at the different Ports in North
America, with desire of returning to the King's service. And as a further
inducement for them to return to their duty they shall be entitled to the
wages that was due to them from the several ships at the time they deserted.
But if any of those Seamen or Marines shall neglect to avail themselves of
this Act of indulgence, they can have no reason to expect favor and may
depend upon being punished according to martial Law whenever they shall
be apprehended.

And it being extremely to be wished that his Majesty's Ships could be kept
eompleat in their Complements of Seamen by any other expedient than the
\ery disagreeable necessity of distressing the Trade of the Colonies by press-

260 PROVINCE OF NEW-HAMPSHIRE. [I770,

ing any of the Seamen in the service of the Merchants, it is to be hoped, and
is earnestly requested that all Merchants and Masters of trading snips and
vessels will not only refrain hiring the King's Seamen into their service, but
also by every means in their power discountenance desertion.

And in order to encourage the apprehending Deserters and Stragglers from
the Squadron under my command, I do hereby promise a reward of forty
shillings sterling to any Person or Persons who shall apprehend a Deserter,
and twenty shillings for every Straggler, to be paid immediately by the Cap-
tain or Commander of the King's Ship to whom such Deserters or Stragglers
shall be delivered. And if any Person or Persons shall inform an officer of
any of his Majesty's ships where a Deserter or Straggler may be apprehended ;
if such Deserter or Straggler be taken in consequence thereof, the Person or
Persons who gave the information shall receive the above mentioned reward.
Given under my hand on board his Majesty's Ship Salisbury in Boston

Harbor the 10 th day of December, 1770.

J. Gambter.
By Comand of the Comodore

Cha 8 Lyell.

[p. 35.] Tuesday Dec r 11 th 1770.

Met according to adjournm*. The Sec v by his Excellency's
Direction adjourned the Gen 1 Ass ,u . till Thursday next ten o'clock.

A. M.

Thursday Dec r . 13, 1770, a. m.

A message was sent by Capt. Bell & Mr. Baker to inform his
Excellency that there is a Quorum of the members met.

The Dep y Sec y Bro't Down the following written message from
his Exc y the Governor, viz.

(ientlemen of the Council & of the Assembly —

I meet the Gen 1 Ass 111 with increased Pleasure as it affords me an opportu-
nity of congratulating them on the General Prosperity of this Province. To
enact such new Laws, to Revive and Prolong those that are Expired and near
expiring which may promote & Establish these benefits, I recommend and
trust will do honour to this Sessions of the General Assembly.

It is again my Duty to move that *ome effectual measures be adopted tor
making Roads through the Province; this is not only necessary but Essential
to the Publiek good. The encouragement of Learning has ever been the care
of wise Legislators in all ages. The present day calls upon this Assembly to
prove that the People of tbis Province are also the friends and Patrons of
Literature by making some-grant for the support of Dartmouth College at
Hanover in this Province, whose Infant Institution Requires aid. This is the
cause of Education and of Religion: it is therefore your Peculiar eare.

The Limitation of the Act for totally calling in the Paper currency having
taken place before the proposed End could be effected 1 particularly Recom-
mend your earliest consideration to effect so salutary and just a purpose.

[p. 40.] (1) It also appears that, the Laws for collecting the Excise are not
fully sufficient whereby the fair Trader alone pays that Duty and others evade
it to the great injury of the Province.

(l) This paging is evidently erroneous, but 1 follow the copy.— -Ed.

1770.] JOURNAL OF THE HOUSE. 261

I cannot omit Recommending that some Provision be made for Repairs of
the Castle William & Mary and to enlarge the Garrison without which the
total insecurity of the Principal Part of the Province must be alarming on
every report of a war, which event should not happen to a Prudent People
unpreparadly.

In all things for the welfare safety and honour of the Province, I shall re-
joice to concur ; and to Reciprocate with both Houses of Assembly in every
cultivation of unanimity and Diligence.

J'Wentworth.
Council Chamber 13 th Dec r 1770.

Thursday, Dec 1 13 th 1770, p. m.

Voted William Parker John Sherburne & Meschech Weare
Esq 1 ' 5 be a Com tee to Prepare an answer to the Gov 1 ' 8 message of
this Day and lay it before the House as soon as may be.

[p. 41.] Voted That William Parker, John Sherburne Chris to
Toppan Esq 1 '* and Capt. John Giddinge be a Com tee to Prepare a
Scheme for putting a filial Period to the outstanding Paper Bills
and lay the same before the House as soon as may be.

Mr. Warren bro't into the House the accompt Sales of the
Excise, and Treasurer's Receipt for y e Bond, & Chairman's Re-
port — copys whereof follow, viz.

Accompt Sales of the Province Excise as the same may be sold by Publick
Vendue by order of the Com tee of the Gen 1 Court at the house of James
Stoodly Esq 1 ' in Portsmouth on the third Day of May 1770.

Sold the Second Division to John Hurd, Esq 1 £70: 0: 0: L. M.

Do. the third Division to Sam 1 Blodgett, Esq 1 . 100 : : : "

Do. the First Division to Sam 1 Blodgett, Esq 1 '. 460: 0: 0: "

£630.
Sold in the Presence of the Com tee
and a Number of Good Bidders.

John Wendall, Vendue Master.

Received of the Hon 1 ' 1 Jonathan Warner, Esq. from the Com tee for selling
the Excise from Sep 1 ' 1760 to Sep 1 ' 1770, Sam 1 Blodgett Esq & Co. Bond con-
dition' d to pay for said Excise the sum six hundred and thirty Pounds Law 1
money.

Portsm" Aug 1 24 th 1770. '

P r Geo. Jaffrey, Treas 1 .

Province of New Hamp 1 ', Portsm May 23 d , 1770.

Agreeable to vote of Gen 1 Ass 111 Jan>' 24, 1770 appointing a Com tce for farm-
ing out the Excise We met at Sam 1 Stoodly, Esq ls May 3 d 1770 and sold the
same in three Divisions to Sam 1 Blodgett, Esq r for six hundred and thirty
Pounds Law 1 money for which we have taken his Bond for that sume and
have Deliver' d the same to the Hon bl George Jaffrey Esq r Treasurer and
taken his Rec 1 .

Jona. Warner, Chairman of Com tee .

262 PROVINCE OF NEW-HAMPSHIRE. J 1770,

[p. 43.] Saturday Dec 1 ' 15 th , 1770.

The Com tee for Preparing an ans 1 ' to his Excy 8 Speech laid the
following Draft of an ans r before the House, viz.

May it please your Excellency —

The House of Representatives most gratefully acknowledge the Propriety
of the several matters recommended to their Attention in your speech at the
opening of the present Sessions of the Gen 1 Assembly; which exhibits a vigi-
lant and tender Regard to the General welfare of the Province, the Prosperity
of which, as it is tlie Grand object of their wish will always give them.the
greatest complacency.

The care of the Laws your Excellency justly recommends to the considera-
tion of the House in the first place, as claiming a particular Regard, & which
the House esteems to be their Honor as well as Duty.

The House concur in sentiments with your Excellency that the making
good Roads through the Province is an object of great Importance, to the
public Emolument, the effecting of which, they are desirous may be accom-
plished by the most equitable means.

The great scarcity of money in the Province, the Ballance of the Trade of
the Province being generally against the Trader, and the great difficulty of
discharging the Debts which must necessarily arise in carrying into Execution
several of the articles recommended, will oblige the House to such gradual
and slow measures as may carry the appearance of neglect ; yet as far as they
apprehend the Abilities of their constituents can reasonably extend they will
attentively regard the admonition.

The House with pleasure observe your Excellency's sentiments respecting
[i'. 44.] the Encouragement ami Importance of Learning, and the just Regard
that all wise governments have always discovered for the cultivation of Litera-
ture, and look upon the Establishment of Dartmouth College in this Province
(on a Plan so Catholic and generous as they have been informed, having no
knowledge of it in any other way) a pregnant proof of your Excellency" s great
esteem of Science, and your paternal Regard for the future Prosperity of this
Province. The House will accordingly consider what Encouragement they
may (consistent with their fidelity and Regard to the circumstances of those
they Represent) give to this Infant Institution, when they shall be duly in-
formed of the Constitution it is under.

Whatever is further recommended to the consideration of the House by
your Excellency they promise a proper attention to, and shall congratulate
themselves upon being mutually serviceable to the public Welfare.

•
Voted That the foregoing answer to his Excellency's Speech of

the 13 th Instant be presented to him.

Sent to his Excellency by Col Goffe &> Maj r Hobart.

Monday, Dec 1 17 th 1770, p. m.

Voted That Jacob Sheafe, John Sherburne & Sam 1 Hobart, Esq"
be a Com'"' ot this House to joyn with such as shall be appointed
by the Hon ble his Majesty's Councill, to count the Bills of Credit
01 this Province which are now in the Treasury to be burnt, and
to lock up the same in the Province Strong Box, and make lie-
port to the Gen 1 Assembly as soon as may be. Sent up by Maj r
Wright. [Concurred, and Hon. Theo. Atkinson, Jon a. Warner, &
Daniel Rindge, Esq™, added.]

1770.J JOURNAL OF THE HOUSE. 263

[p. 45.] Tuesday Dec r lS tk 1770.

An act to authorize the Treasurer of this Province to Borrow
money for the use of the Province to redeem the bills of this
Province which yet remain in the Possession of Private Persons,
and to apply the same accordingly, and to give Notes of hand as
Treasurer in behalf of the Province to secure the repayment of
the money which shall be so Borrowed, and also to authorize the
Treasurer to give his Notes as therein Directed for Redeeming
any of said Bills which the Sum that shall be so Borrowed will
not be sufficient to Redeem.

Having been three times Read Voted That it Pass to be En-
acted. Sent up by Mr. Burley.

[p. 46.] Wednesday Dec r 19 th 1770.

Voted That John Sherburne Esq r & Mr. Jacob Sheafe be a
Com tee of this House to jovn with such as shall be appointed by
the Hon ble Councill to farm out the Excise on Spirituous liquors
to a Receiver or Receivers as they shall judge best, to be commis-
sioned by the Governor to make a faithful collection of the same,
and that the money arising thereby be put into the Province
Treasury to be apply' d to the use of the Government as the Gov-
ernor^ Comicill and Assembly shall order,— this selling of farming
shall be for one year only commencing the first Tuesday in Sept r
1770, and that the Receiver or Receivers to whom the Same shall
be farmed or Lett Shall give sufficient security to the Treasurer
for the time being as the Com tec shall direct. Sent up by Capt.
Giddinge. [Concurred, and Hon ble Jona. Warner & Daniel Rindge
Esq rs added.]

[p. 47.] Fryday Dec' 21, 1770.

Whereas sundry Laws of this Province, viz. An act to promote
the increase of sheep, An Act to Enable the Court of Gen 1 Ses-
sions of the Peace to grant as many Tavern keepers in each Town
Parish or Precinct within this Province as they shall judge con-
venient, An act to enable the Inhabitants of such Towns in this
Province as Jaave not had a Regular method to call Town meet-
ings or at present have no such method to call them hereafter as
the Law Directs, An act in addition to several Laws of the Prov-
ince Relating to Proprietors directing how Proprietary meetings
[p. 48.] of the owners of Lands and other Real Estate lying and
held in common and undivided may be called and their common
and Publick Affairs transacted, An act in addition to the Laws of
this Province for regulating the management of swine, An act to
Regulate the Price and assise of Bread, An Act for preventing
& suppressing Riots, Routs & unlawful Assemblies, — all which

264 PROVINCE OF NEW-HAMPBHIRE. |177C.

wore made temporary & are now Expired, having been found use-
full, therefore

Voted, That an Aet be prepared and passed for reviving the said
several Acts for the term of five years from the time of passing
the Act of Revival, and that the act entituled an Act more effect-
ually to prevent profane cursing and swearing be revived and
made perpetual. Sent up by Capt. Carlton, Dec. 22 d .

[p. 49.] Saturday Dec 1 22 d , 1770.

The Petition of Samuel Livermore & Moses Little Esqs. ;',
Conr 1 '' on behalf of y e Proprietors of Plymouth Praying- that a
Com tee may be appointed to settle a Bound which Relates to
sundry Places & is in Dispute,

Voted That the Petitioners be heard on this Petition on the
fourth Day of the siting. of the Gen 1 Ass'" after the first Day of
March next and that they cause the substance of the Petition and
order of Court to be published in the New Hampshire Gazett six
weeks that any Person may shew cause why the prayer of the
Petitioners should not be granted. Sent up by Mr. Toppan.(a)

.Jour. ('. & Ass' 11 Doe. 22' '■ 1770. Mr. Toppan bro't up from the H
the Petition of Samuel Livermore Esq' and Moses Little, a Committee of the
Proprietors of Plymouth, Praying that a Committee may be Appointed to
settle the Bounds of said Plymouth, Campton, Rumney and Cockermouth.(l)
with ;i vote of the house thereon grants a hearing. Read & concurred.

[p. 50.] .Monday, Dec r 24, 1770.

The Dep 3 Sec-' Brot Down the following Message from hid
Excellency, \ iz.

Mr. Speaker and Gentlemen of the Assembly —

Capt. Holland the Surveyor General of the Sea Cost of the Northern Dis-
tricl >>!' America, having made an offer of his Readiness to survey as mm
the Province as can in- done before the Season Permitts his surveying oi
Sea Cost; 1 cannot Oraitt Recommending that the Hon l)] House of Assembly
make the Provision Proposed in his letter herewith communicated, to
the Province of so useful and important a service. It is n<jt Probable
Province will ever again have such an opportunity as now Results from Capt.
Hollands Respectable offer of his services at an Expense too inconsiderable
to compare with the great & lasting advantages to y e Publick which it i
prehends.(2)

Mr. Fishi r is Dissatisfied with the Rent granted to him for the House I
is appropriated for my Dwelling which is not quite half tie' Law 1 Inter -

i \.,w Gi-oton.— Ed.

(2) A map of Holland's Survej of tlie Provini <• <.t' New Hampshire, i* now in the I.:
of the N. ft. Hist. Society. Ii was published in London, I7*t. To those who are curious
i,. ml the locality of the Kaersartje mountain, and the origin of tbe name, it may be

1770.1 JOURNAL OF THE HOUSE. 265

the money it cost. The Hon 1 ' 1 House of Assembly will take this letter into
consideration and also of some means to Kender this or some other house
more convenient & Equal for my residence.

J'Wentworth.
New Hamp 1 ' Council! Chamber
24 th Dec r 1770.

The Dep y Sec y came into the House and by his Excellency's
Direction adjourned the Gen 1 Assembly to Wednesday next ten
o'clock, A. M.

[p. 51.] Wednesday Dec r 26 th , 1770.

Whereas in and by an Act of this Province passed in the Pres-
ent year of his Majesty's Reign the Treasurer is authorized and
Impowered to Borrow money to Redeem and Sink all the Paper
Bills of Credit of this Province now outstanding, and whereas it
would greatly ease the Inhabitants of this Province to Receive
some part of their present taxes in such Bills.

Therefore Voted and Resolved That the Treasurer be Directed
to Receive such Bills in payment of any of the Province taxes
now Outstanding and that he may apply so much of the money
Borrowed towards payment of the Publick Debts as he shall
Receive of such Bills by way of taxes. Sent up by Doc 1 ' Bart-
lett. [Concurred.]

The House taking under consideration his Excellency's message
of the 24 th Inst,

Voted That John Sherburne & Sam 1 Livermore Esq rs be a
Com tee to wait on his Excellency to get sctaie further Information
what is proposed to be Done in the Survey of the Province
R commended by his Message.

[p. 52.] Thursday Dec r 27 th , 1770, p. m.

Voted Mess re Jacob Sheafe, John Giddinge and Samuel Liver-
more of this House to Joyn with such as y c Hon bl Councill shall
appoint, to purchase a stove for the use of the Courts of Justice
and to place the same in the Room wherein said Courts are com-
monly held and to make such alteration in the seats &c. of said
Room as the Placeing said Stove may Require, and that said
Com tee Draw such sum of money out of the Treasury as may be
necessary for the purpose aforesaid not exceeding fifteen Pounds.
Sent up by Capt. Merrill. [Concurred, and ITon bl Col. Warner
added.]

tioned that it is laid down on the Map exactly as now. lying west of the town of Salisbury
and partly in Andovev, Sutton, Wilmot. and is thus designated : •' Kyar Sarga, Mt., by the
Indians Cowissewaschook." This would seem to determine that Kaersarge is not the
Indian name, as Col. C. E. Potter and others have maintained; but the question is still
open — whence the origin and what the import of the name?— Ed.

266

PROVINCE OF >' EW-B AM PS HIRE.

[1771.

[p. 53.] Fryday Dec r 28 th 1770.

Voted That John Sherburne, Samuel Liverraore, Otis Baker,
Christopher Toppan Esq™ and Capt. John Giddinge be a Com t,e
to consider what Repairs are necessary to be made in the Prov-
ince House for Preserving and keeping the same Decent, and to
Report to the House as soon as may be.

[p. 54.] The Dep y Sec y Bro't from the Board the Petition of
Richard JeDness & John McDuffee Esq rs Representing that they
with John Hazzen Esq 1 ' were a Com tee to layout and make a Road
from Durham through Barrington &c : that they have made said
Road in part but apprehend there is some Deficiency in the Act
for making and defraying the charge, cvjc. and praying for some
aid.

Saturday Dec r 29, 1770.

The petition of Richard Jenness Esq. & Mr. John McDuffefl

being considered,

Voted that Samuel Livermore & Christopher Toppan Esq™ A
Doctor Thompson be a Com tee with sucli as the (a)

| Three pages are here missing from the " Journal of the House.""— Ei>. |

(a) Jour. C. & Ass" 1 Dec 1 ' 29, 1770. A member from the House bro't up
the petition of Rich cl Jeuness and John McDuffee, sent down yesterday, with
a vote of the House thereon appointing a Committee to join a Committee of
Council to examine the accounts of the petitioners and make report what
method may be most equitable for raising the sum due to the Pet re for laying
out the Road from Durham to Cohass. Read and concurred with an amend-
ment, and sent down: previously adding on the part of the Board, the Hon h,,>
Daniel Warner, Dan 1 Rindge and Daniel Rogers, Esq 1 * 5 .

(6) Col. Goffe bro't up the vote for reviving sundry Laws & vote of concur-
rence thereon excepting that the Act lor Licensing Taverners be not revived.

(c) Mr. Baker brought up from the House a vote appointing John Sher-
burne Esq 1 and Mr. Jacob Sheaffe a Com tee to join with such as the Council
shall appoint to repair the Courthouse and to agree with some person tor one
year to take care of it ifcc. & to draw money out of the Treasury to defray the
charge thereof. Read and concurred, and the Hon 1 ' 1 Daniel Pierce. Esq 1
added.

Tuesday Jan y 1 st , 1771.

NOTE. — The vacancy in the " Journal of the House*' continuing — the
following Record is from the Jour, of C. & Ass m Jan- V l* 1771.— Ed.

This day was read at the Board & sent down to the House, a Mess a to the
Bouse, Recommending a revision and revival of the Laws relating to the-
Militia of the Province.

1771.] JOURNAL OF THE HOUSE. 26 T

Governor's Message, January 1, 1771.
[Copied from MS. Gov rs Mess a Vol. Ill, p. 379.]
Mr. Speaker & Gentlemen of the Assembly —

The present appearances of impending War leaves us no time to loose in
making effectual preparations for the Defence & Safety of the Province, par-
ticularly in forming the Militia into a powerful & respectable body, which
from the number and the natural Bravery & strength of the Men, it is un-
doubtedly capable of: I therefore strenuously recommend a Revision of the
Laws respecting the militia — that they may be drawn together into one plain
and precise Act, comprehending and enforcing all that is necessary & useful
for the Government & honour of this service — Also to provide that a suffi-
cient number of the Acts may be printed & dispersed to ev'ry Parish enjoyn-
ing the respective ministers to read it annually after divine service in their
Churches, by w dl means it will be universally communicated through out the
Province, unless any parishes should be found long <fc still destitute of an
established public worship, for such Town (whose remissness in religious duty
indicates a diminished prospect of their Exertion for the honor & defence of
their King & Country) I doubt not immediate care will be taken by some
proper Law, to prevent the evil of reproach of public Irreligion from fixing,
and that the Act. recommended may be read among them.

The utility of an uniformity in discipline induces me to move the Honora-
ble Assembly, That they wou'd grant a Re-imbursement for printing & dis-
persing a proper plan of military Exercise, which I shall immediately "cause to
be published, and practised accordingly.

J'Wentwoiith.
Council Chamber

1st j an y i77i #

Capt. Greeley bro't up from the House a vote appointing Samuel Liver-
more, Tho 8 Westbrook Waldron, Josiah Bartlett, Samuel Hobart & John
Goffe Esq rs a Com tee to join with such as may be appointed at the Board, to
make a revision of* the Militia Laws to be drawn together into one plain &
precise Act and laid before the General Assembly as soon as may be. Read
and concurred and the Hon bIe Daniel Warner & Peter Livius Esq 1 ? added to
the said Com tee on the part of the Council.

[Journal of the House here resumed.]
[p. 57.] Tuesday Jan? 1 st 1771, p. m.

The Petition of the Inhabitants of Hillsborough Praying for an
Act to oblige the owners of the Land called the Society Land to
maintain a way Being considered,

Voted That the Petitioners have liberty to bring in a Bill for
the Purpose mentioned in the Petition. Sent up by Col. Goffe.
[Read and ordered to lay.] •

Thursday, Jan* 3 d 1771, p. m.

[p. 59.] The Dep y Sec y bro't from the Board the Petition of
Rich d Jenness & John Mc Duffie Esqr s Passed in the House the
29 th of Dec 1 ' last with the following vote of Council on y e vote of
the House, viz.

268 PROVINCE OF ISTEW-HAMPSHIBE. [1771.

In Council Jan v 3' 1 1771. Read & Concurred with this amendment, that
the Com tce be empowered to enquire whether the Petitioners have complied
with the duty required of them by the Act, & if so what sum is justly due to
them, & the Hon bl Jon a Warner, Dan 1 Rindge & Daniel Rogers Esq 1 * addeil
on part of the Board. Sent down for concurrence.

Geo. King, DepJ' Sec>.

The Dep y Sec 7 Bro't from the Board the Petition of James
Gilmore Praying for an allowance for the Escape of one John
Mason out of Prison, through the deficiency of the goal.

[p. 60.] Fryday, Jan* 4 th 1771, p. m.

The House took under consideration that part of his Exc ya
Speech Relative to opening Roads, and the Question Put
Whether any Publick tax should be raised for opening roads.
It pass'd in the Negative.

Then the Question was put, Whether the House are willing to
Pass any Acts which may be necessary to Enable and oblige Pro-
prietors to open Roads when necessary thro' their Respective
Proprieties. It Pass'd in the affirmative.

[p. 61.] That part of the Governors message Relative to the
taking a Survey of the Province by Capt. Holland being taken
under consideration, The question was put whether the House
will act anything on that matter at Present. It Passed in the
Negative.

An act to Enable the Inhabitants of such Towns and Parishes
in this Province as have not had a Regular Method to call Town
meetings or at Present have no such method to Direct and Estab-
lish a Rule & Method for that Purpose, having been three times
Read,

Voted That it Pass to be Enacted. Sent up by the Clerk.
[Concurred and pnssed.]

Copy of said Act.

Anno Etegni Regis Georgii Tertii Magna' Britannia Francite & Hiberniw
i 1..-. I Undecimo. An, act to enable the Inhabitants of such Towns and Par-
ishes in this Pi evince as have not had a regular method to call Town
or Parish Meetings, or at present have no such method, to direct and
establish a hide and method for that purpose.

Whereas it sometinie.s happens that the annual Meetings of Towns ami
Parishes in the Province have not been duly held, and no regular method is
in force to revive and call a Lawful Meeting of the Town or Parish, and also
in Cases where a Town or Parish have never had a legal Meeting, it may be
of Service to prescribe a Pule for that and the Cases aforesaid.

Be it enacted by the Governor, Council & Assembly, That in any of the
Case- aforesaid on the application of Ten of the Freeholders, Inhabitants of
such town or Parish to any of the Justice of the Peace, whether an Inhab-
itant of such town or Parish or not, made in writing desiring that a Meeting
of the Legal Voters of such Town or Parish may he called for the choice of
Town or Parish officers (as the Law directs) such Justice shall be and hereby
is authorized and Impowered to call a meeting of the Voters of such Town

1771.| JOURNAL OF THE HOUSE. 269

or Parish, which he shall do by posting up a notification in some publick
place in such Town or Parish Fifteen days before the Time of holding such
Meeting, which notification shall mention the Time, place and occasion of
the designed Meeting, as also that application was made for the same in
manner and form aforesaid and such Justice shall attend and govern the said
Meeting untill a Moderator shall be chosen to govern the same.

Province of New )

Hampshire ) In the House of Representatives Jan'y 5 th 1771. The

foregoing Bill having been three times read Voted that it Pass to be Enacted .,

P. G-ilman Speak 1 .

In Council January 8 th 1771.
The within Bill was read a third Time and passed to be Enacted.

Theodore Atkinson Sec rv .
Consented

J'Wentworth.

Recorded according to the Original Act under the Province Seal.
[See " Record of Acts, 1766-1779," in Secy* office.]

Theodore Atkinson Sect.

The Dep y See* Bro't down the vote appointing the Committee
to view the Fort Win. & Mary with the following vote of Coun-
cil thereon, viz. —

In Council Jan v 8 th 1771. The within vote was read and concurred with
this addition that the Com tee wait on his Excellency the Governor to request
that he will give orders to the Capt. of the Fort for their admission & to ex-
pose all things there for their inspection, & the Hon 1 ' 1 Peter Livius, Jonathan
Warner, Daniel Rindge, Daniel Peirce, George Jaffrey <fe Daniel Rogers Esq 18
added on part of the Board.

The above vote of Council read and concurr'd.

[p. 64.] Thursday Jan* 10, 1771.

Voted That the Committee appointed the present Session to-
examine the accompts of Richard Jenness Esq r & John McDuffie
respecting making Roads be a committee to examine the accompts
of the Selectmen of Rochester for making roads in pursuance of
an Act of this Province.

[p. 65.] Fryday, Jan* 11 th 1771.

The Resolve of the E£ouse to Enable Sundry Inhabitants of
Seabrook to collect taxes <fcc. Pass'd 24 th Decemb' being bro't
Back for some alteration, the following Resolve Pass'd, viz.

Whereas Ebenezer Knowlton, Richard Smith, Elisha Brown &
Jonathan Weare have Petitioned the Gen 1 Ass m seting forth that,
they have given their security to several persons for sundry sums
of mo;iey Due from the late Presbeterian Society of Hampton

270 PROVINCE OF NEW-HAMPSHIRE. [lTfl,

falls now Seabrook amounting to one hundred Pounds Law 1 money
most part of which sum become due from said Society for the
support of the Rev d Mr. Pearley before they were invested with
Legal Power to collect taxes and Praying that they might be
authorized to make a just and equitable assessment on the several
Persons concerned in agreeing with said Pearley for said sum and
that they might be authorized to collect the same and all Parties
being Duly Notified and no Reasonable Objection made and the
Petitioners being heard Representing that all Parties are agreed
and willing that said tax should be Collected and the Same ap-
pearing Reasonable and just,

Therefore voted and Resolved that the said Petitioners be im-
powered to make an assesment on the several Persons concerned
in the aforesaid agreement with Mr. Pearley for the said hundred
[p. 66.] Pounds according to the form in which taxes are usually
made in proportion to Each persons Estate and to give out a War-
rant in the usual form to collect the same, And the Collector for
the said Parish of Seabrook for the time being is hereby author-
ized to collect the same for the said Petitioners to discharge the
said Sum. Sent up by Col Bartlett. [Concurred.]

Saturday Jan? 12 th , 1771.

Mr. Livius bro't Down from the Councill the vote appointing a
Com tee to view the fort with the following Report of the Com te9
thereon viz.

Province of ) ]2th T y 1771
NewHamp' S

According to the foregoing appointment we have viewed the fort and find
it considerably decay' d & fallen to Kuin : We think it of absolute necessity
that the Powder Magazine should be sufficiently secured, that the other
Magazine tfc the Barrack should be Repaired, that the Ramparts should be
tilled with Earth, and good Platforms made for the guns, That as many Great
Guns as can be planted on the walls within the fort should be put into good
order, that the wall which is fallen Down should be Kepaired, and that a
| p. 67.1 work should be added for the Defence of the Entrance of the fort,
and -we judge that a sum not less than two hundred Pounds shoidd be
granted for the above Purposes — all which we beg leave humbly to Report.
By order of the Committee

P r Livius, Chairman.

NewWS In Council Eodem Die

The above Report read tfc ordered to be sent Down and Recommended.

Geo. King, D. Sec* .

[p. 68.] Tuesday, Jan* 15 th 1771.

An Act to Regulate the fines set on towns & Selectmen for not
keeping Schools, havingjbeen three times Read,

ill.}

JOURNAL OF THE HOUSE. 271

Voted That it pass to be Enacted. Sent up by the clerk.
[Concurred and passed.]

[p. 69.] Wednesday, Jan* 16 th 1771, p. m.

The House took under consideration the Petition of sundry of
the Inhabitants of the Town of Dover Relating to the Bridges
lately built there and it appearing that there was a Town vote for
Building the Lower Bridge it is tho't to be just that the charge
thereof should be paid by the whole Town. But it appearing
that the upper Bridge is more usefull for the Publick, Therefore
Voted That the said upper Bridge shall hereafter be maintained
at the charge & Expense of said Town and that the Petitioners
have leave to Bring in a Bill accordingly. Sent up by Capt.
Greeley. [Concurred.]

Thursday Jan* 17 th , 1771.

[p. 71,] Voted That Win. Parker & Samuel Livermore Esq 18
be a Com tee of this House with such as the Hon bl Councill shall
appoint to print such plan of Military Exercise for the use of the
Militia of this Province as his Excellency the Governor shall think
fit to adopt, that they print a number not exceeding five hundred
at the publick charge, & that the Com tue deliver to the Colonel of
each Regiment that shall appear to receive the same, one of said
Books or Pamphlets for each Commission officer in such Reg* at
the Prime cost, And the said Com tee be authorized to draw the
money out of the Treasury requisite hereunto not exceeding-
twenty Pounds. Sent up by Mr. Webster. [Concurred, and the
Hon bl Col Warner and Mr. Livius added on the part of the
Board.]

Fryday Jan* 18, 1771.

[p. 72.] The Com tee for making Enquiry where and upon what
terms a suitable House for the Gov r may be hired Purchased or
Built, made the following Report, viz.

The Com tee before mentioned have taken under consideration the Govern-
ors Message concerning his House rent &c. & made enquiry as above
directed — and we find that the House the Governor now lives in may be
purchased for £1700 Sterl». That the House lately Capt. Adam's may be
purchased for £1000 lawful money, And that Capt. Woodbury Langdon's
House may be purchased lor £2600 SterK

Also' that there is a probability a lot of about seven acres of Messrs. Pen-
hallow & Wibird may be purchased, but the particulars we cant yet obtain.
By order of the Com tee .

John Sherburne.

27^ PROVINCE OK NEW-HAMPSHIRE. [1771.

Which report being Read, Voted That it ay for consideration
in the recess of the Court.

The Report of the Fort Com"' 1 ' of the 12 th Instant being read,
Voted That the Report be accepted & that Mr. Speaker with such
as the Hon ble Council shall appoint be a Committee to carry the
same into Execution under the Inspection of his Exc y y ' Capt.
General and that they be authorized to Draw money out of the
Treasury not Exceeding the sum of two hundred Pounds for that
purpose. Sent up by Capt. Worth en. [Concurred.]

P. M.

Province of ) r ,, ^ ,. ,, . ,. T . -.__.

X r TT r - In the House ot Representatives, .January IS, In I.
i\ew Iiamp r ) l J '

Voted That Mr. Speaker, William Parker & John Sherburne
Esq'" with such as the Hon bl Councill shall appoint be a Com-
mittee to write to the agent for this Province at the Court of
Great Britain to solicit the Treasury Board or any other proper
[p. 73.] Board for the payment of the money which is due to the
Province for the charge Billeting soldiers purchasing provisions
warlike stores & medicines & transporting the same to Albany
&c. in the year 1756 which was to be defrayed by the Crown —
The Province having cloath'd and paid their men according to
the Direction & Requisition of his Majesty's Secretary of State
and that said Committee also if they think proper should send an
Address to his Majesty on the aforesaid subject praying Ids Royal
Favour therein to be presented to his Majesty by the Agent and
that the said Committee write to Paul Wentworth Esq r in Lon-
don desiring the favour of him to assist the Agent in the above
said affair. Sent up by Capt. Worthen. [Concurred, and the
IIon bl Theodore Atkinson, Daniel Warner tfe George Jaffrey Esq"
added. («)]

(<0 [Votes, Acc ts , petitions, &c. passed by the House and concurred by the
Council from Dec r 11 th 1770 to Jan" 7 19, 1771.1

Jour. C. & Assm. Petition of Ambrose Sloper, aged 89 years, praying
relief: hearing granted : — dismissed.

Petition of Dover, Somersworth A: Rochester, relative to two bridges-
hearing granted.

Petition of Greenwood Carpenter for a divorce from his wife Sarah for
adultery — hearing granted.

Petition of Philips White, A bell Brown A: Moses French, of South Hamp-
ton, for a settlement of a line between South Hampton <£ Newton —hearing
-ranted.

Petition of Com teea or agents for Bamstead and Chichester to settle boun-
daries — hearing granted.

John Sherburne allowed £25 law 1 men. for use of warehouse in 17;*).").

Wm. Parker Esq r allowed £14: 12: for his ace 1 .

Sam 1 Livermore allowed £4: 18: 0: for his ace 1 .

Uich" Jenness Esq. allowed .£7:4:0: for wood,.

Allowed Com' 11 ' for repairing goal, £37: 8: n 1-2.

1'etition of John Parker, oi Litchfield For allowance for hardships Are. dis-
missed.

Ace' of James Stoodlej for selling the Excise, £3: 14: allowed.

Joseph Thomas, allow* d £15: for loss by him in collecting Excise^

1771.] JOURNAL OF THE HOUSE. 273

Peter Bo wen, on petition, allowed £15 : for loss of an eye, while in service
under Maj 1 ' Eogers.

Petition of Samuel Woodman &c. respecting the settlement of his father's
Estate, &c. — hearing granted.

Petition of Eligood Mills, praying that a certain deed may be made void —
leave to bring in a bill.

Petition of inhabitants of Rumney, praying relief from sundry oppressions
by Daniel Brainard, Esq. hearing granted.

The following Bills &c. passed by the House & Council, received his Ex-
cellency's consent, viz.

1. An Act to enable three Justices of the Peace (unus Quorum) to deter-
mine all disputes concerning the maintenance of y e poor.

2. An Act to revive and continue in force sundry Laws which were made
Temporary & are expired & are particularly mentioned herein.

3. An Act to regulate the Fines set on Towns and Selectmen for not keep-
ing Schools.

4. An Act to ascertain and regulate the penalties set and imposed in an
Act of this Province against Trespassing on Town Commons, &c.

5. An Act to ascertain the value of the premiums to be given for the kill-
ing of wolves.

6. An Act to Enable the Inhabitants of such Towns and Parishes in this
Province as have not had a regular method to call Town or Parish Meetings
or at present have no such method to direct & establish a Rule and method
for that purpose.

7. An Act to ascertain the Fines to be demanded and taken of Jurors, not
attending their duty.

8. An Act to regulate the Fine set on persons chosen to the office of Con-
stable & refusing to serve in said office.

9. An Act in addition to the Law already in force for the regulation of
Swine.

10. An Act for reviving an act passed in the 9 th year of his present Majes-
ty's Reign Entituled An Act to prevent disorders commonly committed on
the Fifth of Novemb r and the evening following, &c.

11. An Act for the more speedy recovery of small debts & to save the cost
usually attending the recovery thereof in the usual course of the Law & to
secure the returns of Executions served on real Estates, (1)

Also, to the several votes of allowance passed this Session.

Also, to the vote for a Committee to repair the Fort.

Also, to the Resolve of both Houses entre'd the 11 th Inst, for certain Per-
sons at Seabrook to assess & collect £100 Lawful money, due to Mr. Perley a
minister there.

The Dep y Sec y came into the House and by his Excy 6 Direction
adjourned the Gen 1 Assm. till Tuesday the Nineteenth Day of
March next.

Att* M. Weare, Oik.

[p. 75.] ' Tuesday, 19 th of March, 1771.

Met according to adjournment, [and adjourned till]

(l)The foregoing Acts may be found recorded in full, in "Record of Acts, 1766-1779," in.
Secretary's office.— Ed.

274 PROVINCE OF NEW-HAMPSHIRE. [1771.

Wednesday, March 20 th , 1771.

The Dep y Sec* Bro't from the board the Petition of Abiel
Chandler Praying for an allowance for apprehending and bringing
to Goal sundry soldiers Deserted from his Majesty's service.
Adjourned.

P. M.

The petition of Abiel Chandler Read and ordered to lay for
further Enquiry.

Thursday March 21 8t 1771.

The Dep' Sec 7 brought down the following written message
from his Excellency the Governor, viz.

Mr. Speaker and Gentlemen of the Assembly —

Those measures I recommended before the Late adjournment being Daily
more necessary i'or the publick's good: I therefore trust thro' your wisdom &
attention the Province will not long lament the delay of this accomplishment.
They respectively, are Indispensably essential. The Commerce of this Prov-
ince declines, insomuch that it is complain'd of detrimental to those whose
former connections compel them in any degree to continue in it. — Money is
not among us in any Proportion to the circulation adequate to our numbers.

Your labouring Inhabitants unemployed <fc consequently distressed, and
your fertile lands lay waste and uncultivated.

These evils will, they must increase until Roads are made Thro' the Prov-
ince 1p. 70. ] by which the Produce of the interior Districts can be consumM
or exported by this Government, and their Imports provided in the same
Circuit.

The wisdom of every Legislature that cherished Industry, & were desirous
of acquiring comfortable subsistance for their Inhabitants has been success-
fully exerted in this Method, neither is there any known Instance from the
earliest time to this day wherein such public works have fail'd to be Blessings
to the Country in which they were. On this measure, I have been more
particular, because thereon depends the very being of our commerce, The
support and Encouragement of your People, and every reasonable prospect
of acquiring any Currency.

This being the season to consider of & grant the necessary Supplys for the
support of his Majesty's Government, I shall direct the remaining accounts
relative to that service to be exhibited for your Inspection by the Treasure*.

In your Estimates for the purpose, I must not fail to urge, that the Memo-
rial of Doct r Wheelock in behalf of Dartmouth College has a benevolent &
meritorious place. (1) Having in my former messages to the Honorable
Assembly recommended this .Seminary of knowledge <£ Piety, by so many
Arguments, I may not now repeat or add to them, least the World should
think that the Interests of Literature & Christianity were difficult causes to
obtain in New Hampshire

It gives me great pleasure to inform you That his Majesty has been gra-
ciously pleas' d to approve & confirm the Act to prevent excessive Usury, and
the Act for dividing this Province into Counties. I have sought this Pros-
perous Event with zeal it assiduity.

It now remains with the Hon 1 ' 1 '' House of Assembly, by providing suitable

(l) The memorial of Dr. Wheelock cannol now be found.— En.

1771.) JOURNAL OF THE HOUSE. 275

[p. 77.] Establishments for the Circuit Judges, and other officers of that
Court, to render this fresh Instance of his Majesty's Paternal Condescention
& Goodness perfectly beneficial to his subjects in this Province.

J'Wentwoeth.
Council Chamber
21 st March 1771.

The Dep y Sec y also bro't Down the Memorial of the Rev. D r
Wheelock President of Dartmouth College Representing some-
thing of the Present situation of himself and of the College &
Requesting the favourable consideration of the General Assembly.

Voted That William Parker, Sam 1 Livermore and Meshech
Weare Esq rs be a Com tce to prepare an answer to his Exc ys Mes-
sage.

After some consideration of his Exc ys Message and Doc r Wheel-
locks memorial

The House adjourned.

Tuesday, March 26 th 1771, p. m.

[p. 79.] The Com tee to prepare an answer to his Exc ys mes-
sage of the 21 st Inst. Laid the following Draft before the House,
viz.

May it please Your Excellency —

The House have duly consider' d your Message of the 21 st Instant, & must
acknowledge the several matters you have suggested are worthy of their im-
mediate attention & Endeavor to carry into Execution.

The advantage which wou'cl accrue irom an easy communication between
the various parts of the Province, is a matter your Excellency has made
obvious, tho' the House cannot think it ought to be done at the Public
Expence, but that the owners of the Land should defray that charge, as they
will reap the greatest advantage by it, or that the Land itself should provide
a good passage thro' it, & the House propose to pass an Act calculated for
that Purpose.

They also concur in sentiments with your Exc^' that proper notice should
be taken of Dartmouth College, which the House have Determined to do, as
far as the Present circumstances of the Province will admit.

The House beg leave to congratulate your Exc v on the happy event you
iiave communicated to them of his Majesty's allowance of the Act Limiting
the Interest of money & that for Dividing the Province into Counties, as
they apprehend both these Acts (especially the latter) to be necessary means
for the exercise of Distributive Justice in the Province, and on this Occasion
they do hereby give your Excellency their sincere and hearty thanks for the
sollicitous concern you have Discover' d and the Pains you have taken that
[p. 80.] this measure might have its full effect.

The House would be greatly Defective in their Duty if they should neglect
to make the necessary Provision for Defraying all Consequential charges and
Expences ariseing by such a Law takeing Place, and shall with chearfulness
Enter upon the consideration of those objects which your Exc^ mentions in
your Message as claiming their peculiar attention.

The foregoing Draft being Kead, Voted That it be sent to his
Exc y in Answer to his Message of the 21 st Instant.

276 PROVINCE OF NEW-HAMPSHIRE. [1771.

Wednesday March 27, 1771.

The House took under Consideration his Exc ys Message of the
21 st Instant, and on that part Relative to clearing Roads,

Voted That William Parker Sain 1 Livermore Tho 8 W k Waldron
Meshech Weare Esq rs and Doc r Thompson be a Com tee to Prepare
an Act which may Answer this Purpose agreeable to what is men-
tioned in the House's Answer to his Excellency's message Rela-
tive to this matter.

P.M.

[p. 81.] Voted That there be paid to his Ex cy y e Governor out
of the money that is or may be in the Treasury the Sum of one
hundred pounds Law 1 money for sundry Extra services Render'd
the Province. Sent up by Capt. Giddinge & Capt. Worthen.
[Concurred.]

Thursday March 28 th 1771.

[p. 82.] Whereas the Act for Dividing of this Province into
Counties was past with a clause suspending the operation of it
un till his Majesty should have signified his approbation of it, of
which approbation his Exc y has Informed the House, recom-
mended the making suitable Provision for the Judges of his Maj-
esty's Superior Court of Judicature for the Province, Therefore

Voted, That the sum of sixty Pounds Lawful money be, and
hereby is granted to each of the Judges of said Court for their
services for the term of one year, Commencing on the day of the
date of their Commission for holding said Court to be paid out of
the money that is or shall be in the Treasury, in two half yearly
payments, by the Governor's warrant, with the advice of Council.
Sent up by Mr. Toppan. [Concurred with recommendation that
£5 be added to Salary of the Chief Justice : accepted by the
House.]

P. M.

[p. 83.] Upon Reading the memorial of Doc r Eleazer Whee-
lock seting forth the Necessitous circumstances lie was in by
Leaving his Parish and Engaging in the business of Dartmouth
College and that he was wholly Employ'd in the affairs of the
College and had no certain method ot subsistance —

Therefore Voted in consideration of his great services for the
Interest of said College, That there be and hereby is granted to
Said Doc r Eleazer Wheelock the sum of Sixty Pounds Lawful
money to be paid him out of the money that is or shall be in the
Treasury as soon as may be. Sent up by Capt. Chamberlain.
[Concurred.]

Voted That the Hon bl Daniel Pierce Esq r be and hereby is ap-
pointed Recorder of Deeds and Conveyances of Real Estate

1771.] JOURNAL OF THE HOUSE. 277

within the County of Rockingham in the Province aforesaid for
the term of one year from the date hereof and until the tenth
Day of the siting of the General Assembly next after the expira-
tion of said year : and that he shall not be qualified to act as
[p. 84.] Recorder untill he hath given Bond with sufficient Sure-
ties Joyntly and Severally in the sum of two thousand Pounds
Lawful! money unto the Hon ble Speaker of the House of Repre-
sentatives for the time being, & taken an Oath for the faithful
Discharge of said office, & that the Hon bl Jona. Warner Daniel
Rindge & Peter Oilman Esq rs & John Sherburne Esq 1 ' & Mr.
Jacob Sheafe be a Com tee they or the major part of them to take
the Books and Papers belonging to said office of Recorder into
their custody, in case of the Death or incapacity of the Recorder,
or on the Expiration of the aforesaid term, & them safely keep
untill the further order of the General Assembly & that they be
under Oath for the faithful discharge of their trust. Sent up by
Capt Worthen. [Read and Concurred.]

Voted That Major Samuel Hobart Esq. be & hereby is ap-
pointed Recorder of Deeds and Conveyances of Real Estate
within the County of Hillsborough in the Province aforesaid for
the term of one year from the Date hereof & untill the tenth Day
of the siting of the Gen 1 Assembly next after the Expiration of
said year : Under the same amount of Bond and the same terms
and conditions as above — Col John Goffe Es-}. Col John Hale
Esq r & John Shepard Esq r , a Committee, as above. [Concurred
by the Council.]

[p. 85.] Voted That Major Josiah Willard Esq r be and hereby
is appointed Recorder of Deeds & Conveyances of Real Estate
within the County of Cheshire in the Province aforesaid for the
term of one year from the date hereof and untill the tenth Day
of the sitting of the Gen 1 Assembly next after the Expiration of
said year : [under the same amount of Bond, and the same terms
and conditions as above : Col Josiah Willard Esq r Daniel Jones
Esq r & Col Samuel Ashley, be a Com tee as above. [Concurred by
the Council.]

[p. 86.] Fryday March 29 th 1771.

Mr. Levius Bro't from the Board a Petition of George King,
Clerk of the Sup r Court Praying for an allowance for the Extra
Expences he must be at in Rideing the Circuit.

P. M.

Mr. King's Petition being considered,

Voted That there be allow'd to George King, Esq. for the Pur-
poses mentioned in his Petition the Sum often Pounds Law 1
money for one year to be paid half yearly out of the money in
the Treasury by his Excellency the Governors Warrant with the
advise of Councill. Sent up by Capt. Chamberlain. [Concurred.]

278 PROVINCE OF NEW-HAMPSHIRB. [1771-

Saturday March 30, 1771.

Mr. Warner bro't Down the Report of the Com tee for Examin-
ing the Aeco ts of Richard Jenness & John McDuffee Esq™ for
making a Road, &c. as follows, viz.

[p. S8.] Province of I \r aw ix oa 1771
NewHamp' ( March 29, 1771.

We the subscribers being appointed a Com tee by tbe General Assembly to
examine the acco ts of Richard Jenness Esq 1 ' and John McDuffee Esq 1 ' for
making the Province Road through Barrington Barnstead & Gilmantown and
to find out an Equitable method for raising the sums necessary to be Raised
in each of said Towns for that Purpose: having given Publick Notice of our
meeting and no person appearing to make any objection having carefully
examin'd said accompts Do Report as follows, viz.

That said Richard Jenness & John McDuffee should have of the said Town
of Barrington Eighty five Pounds three shillings & seven pence ; of the Town
of Barnstead one hundred & seventy Eight Pounds twelve shillings and seven
pence half penny ; Of the Town of Gilmantown three hundred and thirty
one Pounds Nine shillings and five pence for making the said Road through
the said Towns and Incidental charges thereon according to the accounts
therewith exhibited, And that the same should be raised by the Selectmen or
Proprietors' committee of the said respective Towns by a tax on all the Land
within the said Towns in equal proportion at such a rate as may be found
adequate to the respective sums and that the respective Collectors for said
Towns be Impowerud to sell any of said Land for the payment of said Tax
in case the owners should refuse or neglect to pay the same. And in case the
money should not be levied & paid to the said Richard Jenness & John
McDuffee in four months they should be allowed to sue the said respective
proprietors & to recover the same to be leveyed as well of the Lands of the
said respective Towns as of the Body or Estates of the owners thereof with
Interest from the end of said four months.

Jonathan Warner )

Daniel Rindge

Sam 1 Livermore V Committee.

Christopher Toppan

Eben 1 ' Thompson

Tuesday April 2 d 1771.

[p. 89.] The Report of the Com tec for Examining the Ac-
compts of Richard Jenness & John McDuffee Esq rs &c. Read &
considered and voted that it be Accepted and a Bill Prepared
agreeable thereto. Sent up by Mr. Wiggin. [Concurred.]

[p. 90.] Wednesday, Apr 1 3 d , 1771, P. m.

Voted That the Com tec for Printing a correct Edition of all
the acts of this Province in force shall as soon as the printing the
same shall be compleated Deliver one of said Books (which are
to be printed at the cost of the Province) to his Exc v the Gov'
one to each of his Majesty's Councill and one to each member of
the present Gen 1 Ass m .(«)

1771.] JOURNAL OF THE HOUSE. 279

(a) Bills, acc ,s , Petitions &c. passed on by the house and concurred by the
Council, from March 19 th to April 3, 1771.

Petition of Greenwood Carpenter for a Divorce from his wife on account
of adultery — leave to bring in a bill.

Petition of Abiel Chandler for allowance for apprehending deserters from
the army — dismissed.

James Stoodley for sale of Excise 1770 allowed £1 : 18: 6.

Tho s Martin for a Flag at the fort, allowed £22 : 2 : 3 1-2.

Eleazer Russell.for postage on Gov rs letters, allowed £11 : 1 : 9.

Vote authorizing Geo. Jaffrey, Treas 1 ' to sell certain Land in Hampton
falls, recovered from one Nathan Rowe.

Samuel Livermore, Esq. for drawing sundry acts, allowed £5: 2: 0.

Doc r Hall Jackson for medicine for John Jordan, a sick soldier, allowed
£4:2:4.

Jon a Warner, Esq. for selling the Excise, allowed £8 : 14 : 0.

Com tee for repairing the State house, allowed £23 : 9 : 10 1-2.

.Capt. Tho s Bell, allowed on muster Roll, at fort Wm. & Mary, 1770, £159:
18:0.

Do. Do. for supply s at said fort, £6:18:9.

Do. Do. for sundry expences £2:6:3.

Do. Do. for graving the Gov rs barge £1:4: 11.

Col Jon a Moulton of Hampton, allowed for money burnt with his house,
£5.

Ezekiel Moulton, of Moultonborough, for money burnt with his house,
allowed, forty one pound old tenor. = £2: 1.

Capt. John Newmarch, Esq 1 ' allowed for escape of Sam 1 Cromwell a pris-
oner out of goal, £8: 14: 1.

Gov. Wentworth to be paid Salary for one yeor £700 L 1 M.

Do. Do. for house rent, one year £100 L 1 M.

Hon. Theo. Atkinson, for service as Secretary, one year, allowed £60 L. M.

Samuel Livermore, attorney Gen 1 one year allowed, £25 L. M.

Dr. Samuel Langdon, as chaplain of the House one year, 50s L. M.

Thomas Parker, as sheriff, one year, £4 L. M.

Rev. Arthur Brown, as chaplain for the Council, one year, £5 L. M.

Dr. Samuel Haven, as chaplain for the house one year, 50s.

Committee for repairing Goal, allowed £20 : 1 : 0.

William Appleton for books for records, allowed £9: 13: 6.

Money ordered to be burnt, £1697: 4: 4.

[p. 94.] Thursday, Apr. 4 th , 1771.

The Dep y Seo v Bro't Down a written message from his Exc y
Relative to the Support of his Majesty's Fort William & Mary
and Relative to fixing a Lanthern at the flagg staff at y e Fort as
on File.

Governor's Message.
[Copied from MS. Gov 1-8 Messages, Vol. Ill, p. 395.]
Mr. Speaker & Gentlemen of the Assembly —

In considering the grant for the Defence and Support of his Majesty's
Castle William and Mary in this Province ; I find it necessary to recommend
that Provision be made for at least eight Men exclusive of the Captain; and
at Such rate as will enable me to enlist men capable of the Duty — The
Wages allotted heretofore was inadequate; and as the safety of the Castle,
Ordinance & military Stores required immediate Care, I order' d a compleat

280 PROVINCE OF NEW-HAMPSHIRE. 1 1771.

Suit of Regimentals to each Man as a Bounty for Enlistment and faithful
Service at least one year. These were contracted for at Six pounds proc:
Money each Suit — And the Soldiers are habited with them. I recommend
that the whole Garrison be thus cloathed annually, in that Case, the present
Wages & billeting may suffice ; what has been hitherto done is highly for the
honor and benefit of the Province. I therefore trust the Honorable Assem-
bly will grant the Said Sum of Six pounds pr Man for this cloathing; other-
wise I must pay for it myself; which cannot be reasonable.

The Salary at present allowed to the Captain, demands your Consideration,
it is by no means equal to his Services, I have no doubt you'll think it just,
to make it more competent; For public Generosity and Justice is essentia!
to justify any hope of public Fidelity & Service.

In examining the Treasury Accompts there appears, a Sum appropriated
for building a Light-house ; but it is insufficient for that purpose. Many val-
uable Lives are annually lost, and much property destroyed for want of Such
a friendly Edifice ; This may be in a great degree effected by making a Large
and proper Lanthorn to be raised into the Head of the Mast which supports
the Flagg Staff in the Castle —The Cost will not exceed thirty Dollars — and
may be amply supported, by raising on all Sloops & Schooners 9 d proc :
Money, on all other Vessels 18 d P. my every Voyage, to be collected upon the
passes for said Castle, and Quarterly paid into the Treasury for this purpose,
free of all deductions or expense; There can be no Officer, who would not
willingly do this duty, free of other Reward, than wou'd result from the ani-
mating Glows of Humanity. On my part I will order that it be properly
attended by the Officer at the Castle free of Charge. When we reflect on the
many distressful Losses that now fill our Sea Coast with Widows & Orphans ;
which woivd undoubtedly have been in a great degree prevented, by Such an
aid as herein earnestly requested; their Tears, their pitiable Complaints irre-
aistably engage our Minds in So Salutary purposes: Every future expiring
Cry of a drowning Mariner upon our Coast will bitterly accuse the unfeeling
Recusant, that denys and in effect wastes that Life, to save a paltry un-
blessed Shilling — I trust the Honble Assembly will therefore enable me to
establish this Light, and that we shall participate with ev'ry Contributor, in
the Blessings of our fellow Creatures whose Lives may thus be rescued from
Death.

J'Wentwobth.
Council Chamber 4 April 1771.

The Dep y Seo v also bro't from the Board the Petition of Doc r
Eleazar Wheelock President of Dartmouth College with his As-
sociates for an Incorporation of a Tract of Land of about three
miles Square into a Distinct Parish, (a)

(a) Jour. C. & Assrn. April 4, 1771. The Petition of Doc" Eleazer Whee-
lock, That a Parish of at least three miles Square in and adjoining the
Towns of Hanover and Lebanon, might be set off and incorporated into a
seperate and distinct Parish, to be under the immediate Jurisdiction of
Dartm College agreeable to a promise in Writing under the hands of the
Board of Trustees, Read at the Board and sent down to the House Recom-
mended. (1)

Fryday April 5 th 1771.

Voted that his Excellency the Capt. General be desired to give
orders for Enlisting Eight men to be Posted at his Majesty's fort
William & Mary for one year commencing the Twenty-fifth day

(l)Thc iwtitkm here referred to has not been found.— Ed.

.1771.] JOURNAL OF THE HOUSE. 281

of March last under such officers as he shall be pleased to appoint.
f The pay of the officer shall be three pounds Lawful money pr
month and Each private Eighteen shillings pr month and also as
a Bounty to each private one suit of cloaths not Exceeding the
price of six pounds L. M. and five shillings pr week for Billeting
to be paid when the Muster roll shall be allow' cl by the General
Assembly. Sent up by Mr. Burley. [Concurred.]

Fry day, April 5 th 1771, p. m.

[p. 97.] Maj r Samuel Hobart appointed Recorder of Deeds and
Conveyances of Real Estate for the Coimty of Hillsborough and
Maj r Josiah Willard chosen Recorder of Deeds and Conveyances
of Real Estate for the County of Cheshire gave Bonds to the
Speaker agreeable to the Direction in the vote and were separately
Sworn to the faithful Discharge of their office by the Clerk of the
House,

The Deputy Secretary brought from the Board the following
Message from his Excellency the Governor, viz.

Mr. Speaker & Gentlemen of the Assembly —

The Right Hon bl the Earl of Hillsborough having transmitted to me his
Majesty's Royal will and pleasure concerning a Proclamation issued by me
bearing a date the 2 d day of March 1769 declaring the price & value of foreign
coins currant in the Province which Proclamation is deem'd unwarrantable
by the act of Parliament in said Proclamation referred to, and therefore was
null and void from the beginning and his Majesty having been graciously
pleased to permit me to assent to an Act of the Council and Assembly to
Establish all proceedings upon.s d Proclamation that may be by them & me
thought detrimental to private persons unless such provision be made — In
obedience hereunto I communicate the premises to the Hon bl Assembly and
also I direct and notify that all further operation of the aforesaid Proclama-
tion henceforth finally fully & effectually ceaseth.

J' Wentwoeth.
Council Chamber

5 th April 1771.

[p. 98.] , Wednesday Apr 1 10 th , 1771.

An Act for Establishing a Light to be kept at Fort William
and Mary for the benefit of Vessells arriving or being upon this
Cost in the Night time — Having been three times Read

Voted That it pass to be Enacted. Sent up by Deac 11 Knowles.
[Concurred.]

[p. 99.] P. M.

An act to establish the Proceedings under the Governor's Pro-
clamation Declaring y e value of money and y e Rate at which it
should Pass in this Province, Having been three times Read,

Voted That it Pass to be Enacted. Sent up by Maj r Hobart.

282 PROVINCE OF NEW-HAMPSHIRE. [1771.

Thursday Apr 1 11 th 1771.

The following Answer to his Excellency's Message of the fifth
Instant was prepared and laid before the House, viz.

May it please your Excellency —

Your Excellency's Message of the fifth Instant wherein mention is made of
his Majesty's Pleasure concerning your Proclamation Declaring the Value of
foreign Coins currant in this Province surprised the House. The Province is
thereby left Destitute of any Legal Standard for the value of the money
Passing among us. The said Proclamation, however liable it might be to
Exceptions was the only Rule we had, and the value of said Coins being
Established in the Neighboring Colonies with the Royal approbation at the
same Rates that were Declar'd by your said Proclamation as well as by the
Act of this Province Pass'd the fifth year of his Majesty's Reign for Estab-
lishing the same, makes it not easy for us to conceive the Reason why as
well the said Proclamation as the said Act are Disapproved of. Whenever
[p. 100.] we can be so happy as to obtain a Right understanding of this mat-
ter we shall chearfully do what is needful on our Part to Establish a medium
in the Province the usefuliness whereof in the administration of Justice as
well as in levying taxes for his Majesty's service is self-evident. In the mean
time that his Majestys service and the Publick affairs of the Province may
not be Delayed we shall Proceed to make the necessary Grants & Supplys in
Expectation the same will be collected and Discharged according to the pres-
ent currant value of money Passing among us, Altho" there is no legal Estab-
lishment for it as it seems to be out of our Power to Establish it at. that or
any other Rate. We shall proceed to Prepare an act to Establish the Pro-
ceedings upon the said Proclamation for the time past as Recommended.
And the House pray your Excellency to Represent to his Majesty our un-
happy situation for want of an Established Currency that may be a Legal
tender between man and man to the End the same may be considered and
Redress** 1 .

The foregoing Answer Read and Voted That it be presented to
his Excellency the Governor. Sent up by Col Goffe, Maj r Hobart
& Capt. Chamberlain.

The following answer to his Excellency's message of the 4 th
Instant was laid before the House, viz.

May it please your Excellency

The House have the pleasure to inform your Excellency that the several

ation in your Message
agreed to and Voted

Articles proposed and Recommended to their consideration in your Message
of the 4"' Inst, have been duly consider' d by them

accordingly.

The foregoing Answer Read and Voted, That it be presented
to his Excellency the Governor. Sent up by Col Goffe, Majf
Hobart & Capt. Chamberlain.

P.M.

[p. 101.] Voted That all Grants allowances assessments Judg-
ments of Court Private contracts Payments and all other trans-
actions whatsoever shall be Regulated by the same currency men-

1771.] JOURNAL OF THE HOUSE. 283

tioned in the Supply Bill of the current year untill further order.
Sent up by Col. Moulton. [Concurred.]

[p. 102.] Fryday, Apr 1 12 th 1771, p. m.

An Act for Establishing and making Passable a Road from the
Governor's house in Wolfborough to Dartmouth College in Han-
nover, (a)

(a) Votes, acc ts , petitions, bills, &c. passed by the House and concurred by
by the Council, from April 4 to April 13, 1771.

See Jour. C. & Assm. Report of Com tee to examine the ace* of Jonathan
Dam for clearing a road in Rochester, allowed him balance 4s & 6d.

Rules for service of writs &c. adopted.

Report of Treasurer's ace* accepted.

Bills signed by the Governor, (1) An Act for the ease & relief of Prisoners
for debt (2) Also an Act for dissolving the marriage relation of Greenwood
Carpenter and Sarah Leathers (1).

Noah Parker allowed £29 : 19 : 2 L. M. for cleaning and repairing fire arms.

James Gilmore allowed £3 : 14 : 8 current money for escape of one Jno.
Mason from Goal.

Act for granting £2500 to his Majesty &c.

Jacob Tilton, inn-keeper at Portsmouth allowed £7 : 6: 4 current money for
Billeting soldiers.

Nathan Green allowed £112: 13: 8 curr. mon. for escape of Nathan Long-
fellow out of prison.

Richard Jenness Esq. allowed £7 : 10, curr. mon. for wood, &c.

Acct. of Robert & David Fowle for printing, £7 : 17 : 6, curr. mon. allowed.

Wm, Davison for billeting soldiers, allowed £3:4: 7, curr. money.-

Caleb Sanborn for billeting soldiers, allowed £3 : 6 : 10 curr. money.

The following Bills passed by the Council and consented to by his Excel-
lency.

1. An act to enable John McDuffee and Rich d Jenness Esq 1 ' 9 to recover
certain sums of* Money from the towns of Barrington, Barnstead & Gilman-
town for making road thro' said towns.

2. An Act to authorize and enable the Treasurer of this Province to bor-
row £1500 for the payment of like sum, &c.

3. An Act for settling the charges of building the lower Bridge in Dover at
the Falls and determining which of said bridges shall be hereafter maintained
at the charge of the Town.

4. An Act for Establishing and making passable a road from the Gov-
ernor's house in Wolfborough to Dartmouth College in Hanover.

An Act for establishing and making passable a Road from the
Governor's House in Wolfeborough, to Dartmouth College in
Hanover.

[Copied from printed edition of Acts and Laws of the Province, 1771, p. 266.]

Whereas the opening and making of roads through the various parts of the
province, is of great publick utility ; and the making of a road to Dartmouth
college will greatly promote the design of that valuable institution.

(1) This Act was disallowed by his Majesty Sept. 1, 1773. — Ed.

284 PROVINCE OF NEW-HAMPSHIRE. [1771.

lie it therefore Enacted, by the Governor, Council and Assembly, that
there shall be a road laid out three rods wide, and made passable, from the
Governor's house in Wolfeborough, through part of Wolfeborough, Tufton-
borough, Moultonborough, New Holderness, Plimouth, and from thence on
the straightest and best course to Dartmouth college, in Hanover. And that
Joseph Senter, Samuel Shepard, and David Copp, be and hereby are ap-
pointed a committee to lay out and mark said road, and make a plan thereof,
from the Governors house aforesaid, to Pemigewasset river, near the mouth
of Baker's river, at the charge of the province, not exceeding twenty five dol-
lars And that John nouse, Freeman, and David Hobbart, be and hereby

are appointed a committee to lay out and mark said road, and make a plan
thereof, from Pemigewassett river aforesaid to the college, at the expence of
the province, not exceeding twenty five dollars. And that the proprietors
and owners of the land within the towns respectively, through which the
said road shall be laid out, shall forthwith cause the same to be made passable,
to the acceptance of the respective committees laying out the same, at the
charge of such respective town, by an equal rate on all the land therein, ex-
cept land reserved or laid out for publick uses. 'But in case the proprietors,
in any of the towns through which the said road shall be laid out, shall neg-
lect to make the said road, to the acceptance of the respective committees
aforesaid, that laid out the same, by the space of six months' after notice
given thereof in the publick newspapers; the Governor or Commander-in-
chief for the time being, may and shall appoint, by warrant under his hand
and seal, some suitable person or persons as a committee or committees,
within each of said delinquent towns, or being principal proprietors thereof,
to make the said road through and within such town or towns respectively.
And such committee or committees, so appointed by the Governor as afore-
said, shall forthwith proceed to make said road, at the charge of such delin-
quent town or towns respectively. And the charge thereof, being settled and
allowed by the general assembly, shall be assessed, collected and paid by the
selectmen or proprietors committees of such town respectively to be chosen
for that purpose, by an equal tax on all the land within such towns, excepting
as before excepted. The said tax or assessment shall be laid on the original
lots, and -the common right to be laid out (if any be) in proportion to the
number of acres said original lots, or common rights to be laid out are sup-
posed to contain, to be paid by the respective owners thereof. And in case
the said owners or proprietors shall neglect to pay their respective taxes,
made as aforesaid, by the space of thirty days after publick notice thereof,
the said land shall be advertised and sold for payment of said tax, with inci-
dental charges, as the law provides in other cases. ■ And in case the selectmen
or committees chosen as aforesaid, shall neglect their duty in assessing, col-
lecting and paying such charge, by the space of six months after the same
shall be allowed by the general assembly, as aforesaid, the same shall and may
be sued for and recovered of the said selectmen, or committees aforesaid, for
their neglect. And in case the collector or collectors, who in this case may
and shall be appointed by the said selectmen, or committees aforesaid, shall
be negligent in his or their duty, in collecting said tax and paying it in, accor-
ding to the directions of his or their warrant, to be given him or them for
that purpose, the said selectmen or committees respectively, may issue out
an execution, or extent, against such delinquent collector, as the law provides
in other cases ; and the sheriff or his deputy are required to execute the same
accordingly. But in case there be no selectmen or committee chosen, to
make such assessment as aforesaid, the said charge shall be raised by making
sale of so much of the land of such delinquent town, divided or undivided,
as may be necessary for that purpose, with incidental charges; by a committee
to be appointed, by the general assembly for that purpose.

1771.1 JOURNAL OF THE HOUSE. 285

Saturday, Ap r 13 th 1771. (a)

{a) Jour. C. & Assm. His Excellency directed the Sec^ to go down and
require tlie attendance of the Speaker and house in the Council Chamber,
when they accordingly came up, and his Excels was pleased to make a
speech to ooth Houses, which is as follows, viz.

Gentlemen of the Honourable Council and of the House of Assembly —

The Business immediately recommended, and such other as was usual and
expedient to be done at this season of the year, being now compleated, I with
pleasure observe the publick Good uniting with the particular convenience of
both Houses in rendring a recess eligible. But as the Time for a new Elec-
tion of Representatives is so near that I cannot meet this Assembly again
without great and unavailing Expence to the Province, I embrace this oppor-
tunity to return my thanks to the honorable Assembly for the Candor, Mod-
eration, Wisdom and uniform fidelity and Loyalty which has directed your
Deliberations. In the Honorable Council I have experienced the same
respectable Dispositions and Abilities. It gives me genuine satisfaction to
present you my thankful acknowledgments on this occasion; This har-
mony, this unanimity in the Legislature, I flatter myself is a powerful indica-
tion of Provincial prosperity, in which I consider his Majesty's service is
most perfectly included.

Gentlemen of the Council and Assembly —

Religion, Learning and obedience to the Laws, are so obviously the duty
and delight of wise Legislators, that their mention justifies my reliance on
your whole Influence being applied to inculcate, spread and support their
effect, in every Station of Life. Indulging very sanguine hopes of your per-
sonal success herein, I am in course called to finish our collective political
relation, It being for his Majesty's service that the General Assembly be
now dissolved, and is dissolved accordingly.

J' Went worth.
Council Chamber »

13 April 1771.

[Note. The first page of the Journal of the House for the next Session,
begun May 22 d , appearing to be imperfect, the following record of the first
meeting with the names of the members, is copied from the Journal of the
Council and Assembly. — Ed.]

Province of New Hampshire —

Anno Regni Regis Georgii Tertii Magnse Brittanniae Francias & Hibernian
Undecimo.

At a Council and General Assembly convened and holden at Portsmouth
according to the King's Writ on Wednesday the 22 d day of May annoque
Domini 1771.

Present
His Excellency John Wentworth Esquire, Governor, &c.
The Hon ble Theodore Atkinson 1 Daniel Peirce

Daniel Warner I „ s George Jaffrey

Jonathan Warner [ ' q ' Daniel Rogers

Daniel Rindge J Peter Gilman

Adjourned till 3 o'clock, p. m.

Met according to adjournment.

Esq s .

286 PROVINCE OF NEW-HAMPSHIRE. [1771,

The Sheriff agreeable to the Tenor of the Kind's writ for a new Election of
Representatives this day made a return of the Same with the Names of the
several persons chosen to serve in General Assembly for the Respective
Towns Parishes and places in the said Writ mentioned — which are as fol-
lows, viz.

[Note. The distances and days of attendance are added to this list from a
list found on page 105 of the Journal of the House.— Ed.]

Portsmouth William Parker, Esq ID

John Sherburne. Esq 17

Mr. Jacob Sheafe 17

Hampton | Christopher Toppan, Esq 18

I Josiah Moulton, gent 19

Dover I Otis Baker & 17

j John Ga^e, Esqs 14

Exeter Capt. John Giddinge & 15

: John Phillips, Esi) U

New Castle & Rye | Thomas Bell, Esq v<

\ Richard Jenness, jun. Esq 19

Kingston j Col. Josiah JBartiel t, Esq 18

tt i- TTi„ll.-. /"!.-,„+ T...,.WI.„.. rr;l* ■..

Hampton Falls j Capt. Jonathan Tilton Lfl

5 Newingtqn I Major Richard Downing, Esq 19

12 I Stratham
38 Londonderry,

16 j Durham

5 Greenland . .
14 New market. .
20 1 South Hampton

Andrew Wiggin, Esq.. L8

Col. Stephen Holland, Esq Is

Doer. Ebenezer Thompson 16

Clement March, Esq is

Capt. Israel Gilman 19

Capt Ehphal«t Merrill it;

35 ! Chester " | John Webster. Esq 15

30 ! Plaistow, Atkinson & Hampstead . ... Capt. Jonathan Carlton 16

60 ! Holies . .« ! Major Samuel Hobart, Esq 14

19 j Summersworth j Col. -John Wentworth j 19

52 : Merrimack Capt. John Chamberlain Q

39 j Rochester | Deacon James Knowles 14

20 I Kensington I Benjamin Rowe, Esq is

19 I Harrington 1 Lieut. Samuel Brewster 10

42 Salem & Pelliam Major Joseph Wright hi

56 I Amhers* & Bedford .' Collo. John Goffe, Esq 1!)

95 Keene Mr. Benjamin Hall —

100 ! Winchester | Col. Josiah Willanl, Esq —

120 Charlestown I Mr. Simon Olcott ■ —

00 i Nottingham W. & Litchfield ! James Underwood, Es<] 17

1 ! I

His Excellency directed the Hon 1 ' 1 Theodore Atkinson Jonathan Warner
and Daniel Peirce Esq 1 ' 8 to go down and administer the necessary Oaths of
qualification to those Members that were attending in the Assembly Chamber.
The said Committee accordingly went down, and returned the oaths signed
by 28 Members.

[From " Journal of the House."]

[p. 1(17.] Thursday the 23 d of May, 10 o'clock, a. m.

His Excellency desired the Assembly to proceed to the choice
of a Speaker, which they did and made choice of the Hon bl John
Wentworth Esq r the member return'd to serve for the Town of
Somersworth, which choice being made known to the Chair his

jjftTl,] JOURNAL OF THE HOUSE. 287

Excellency was pleased to approve of him as the Speaker of the
House. The House then proceed' d to the choice of a Clerk and
chose William Parker Esq. one of the members return'd to serve
for the Town of Portsmouth who was immediately sworn to the
faithful discharge of that Trust and thereupon his Excellency was
Pleased to Prorogue the General Assembly to' the 11 th day of
July next at 10 of the clock in the forenoon at this place.

The Third day of July the Governor was Pleased by Proclama-
tion to Prorogue the Gen 1 Assembly to Tuesday the first of Octo-
ber next then to meet at the Court house in Portsmouth at 10
o'clock a. m. for the dispatch of Business.

Jour. C. & Assm. Further prorogued to the 14 th November, and thence
■to Thursday the 12 th day of December, 1771, by Proclamation.

At a Session of the General Assembly begun and held at Ports-
mouth the 12 th day of Decemb 1 ' 1771 by several Prorogations by
his Excellency; the Governor's Proclamations having been put off
to this day from the 22 d day of May last — There being but few
members in Town the Secretary by the Gov rs order adjourned the
house to tomorrow 2 of the clock p. m.

Friday, Dec r 13,

Met according to adjournment the Speaker not being in Town
the house made choice of Mr. John Sherburne for Speaker pro
tempore.

The house then made choice- of Col° John Goffe, Col Toppan
& Dr. Bartlett to wait on the Govern* to inform him there was a
house — who return'd this answer that the Gov 1 ' would send a
message to the House tomorrow morning to which time they
adjourned at 10 of the clock in the forenoon.

14 Dec. 1771,

Governor 's Message.

[Copied from MS. Gov™ Messa. Yoi. Ill, p. 403-1
Gentlemen of the House of Assembly —

The present State of national and Provincial Tranquility I at the same
time congratulate you upon, and recommend the most wise and diligent Im-
provement of Circumstances, so highly favorable for forming reviving and
amending such Laws as may be found necessary for the public Good.

Among other important Considerations, The promoting of learning very
obviously calls for Legislative Care. The Insufficiency of "our present Laws
for this purpose, must be too evident, seeing nine tenths of your Towns are
wholly without Schools, or have such vagrant foreign Masters as are much
worse than none: Being tor the most part unknown in their principles &
deplorably illiterate.

288 PROVINCE OF NEW-HAMPSHIRE. [1771.

The useful progress of Dartmouth College promises the happiest Effects
herein — its beneficial Establishment greatly depends on your sustaining
Encouragement which I doubt not will be generously proportionate to your
Value for learned and religious Education.

It is also necessary to ibrm some Measures to promote Agriculture, and
accommodate the Husbandman In bringing his Produce to this Market,
otherwise every poor Labourer and Tradesman in & about this Town are left
at the Mercy of those few Traders who import Bread, and can at any time
raise the price to what they please; But a few months since none was to be
had ; at present the excessive price is almost an equal Calamity.

In the last Session of the General Court, a vote of Supply pass'd, to erect
a Light at the Castle in this Province for the benefit of vessels coming into
this Harbour and upon this Coast. The Mode therein mentioned was found
impracticable, But the Necessity, Humanity and Advantage of a Building for
this purpose is universally known : I have exceeded the Grant in erecting and
lighting the Edifice. Already it hath been the acknowledged means of pre-
serving two Vessels and their men. In all probability it will afford the like
Benefit to many others. I have directed the account thereof to be prepared
for y r Inspection and recommend the Reimbursement to your early Consider-
ation. To this End will naturally be applied a certain sum appropriated
many years since for a Light House.

The Province Treasury is unsupplied through former Deficiencys, and un-
able to discharge the Grants already made, & due to sundry people who suffer
grievously thereby; an immediate & very Easy Remedy is now in your
power without augmenting the Province Tax : For it is with great pleasure
I inform the Honorable Assembly & rejoyce with them thereon : That the
Parliament of Great Britain hath been generously pleased to grant an ample
reimbursement to this Province of six thousand & nine pounds sterling w t-h
sum is received accordingly by Mr. Trecothick on behalf of the Province.
From hence the Treasury Deficiencys may be adjusted with propriety and
every just Remuneration made ; among which it is incumbent on me to men-
tion my unavoidably expensive & peculiarly laborious agency for this Prov-
ince. The House of Assembly fully express' d their sense thereof in obliging
Terms, on my arrival to the Province, but the Expence hath not yet been
considered, altho' it has long born hard on my private affairs, which I did
not repine at, while the Province was unable to pay it without increasecf
Taxes : whereof I have been so effectually careful as to prevent my granted
Salary from being one third so chargeable to the annual Province Tax. as
were the same number of preceding years, for my Predecessor.

I earnestly recommend a diligent application of disinterested & wise prin-
ciples in pursuing the real Good of the Province w th cannot fail of continu-
ing legislative Harmony, and will readily meet with my Concurrence.

J'Wentworth.
Council Chamber

14 December 1771.

[p. 108.] Dec r 17, 1771.

Voted That Mr. Speaker, Wm, Parker John Sherburne & John
Phillips Esq™ & Mr. John Giddinge be a Committee to answer the
Gov™ message at the opening of the Present Session as soon as
may be.

[p. 109.] Fry day *20 th Dec 1 .

Mr. Jaffrey came into the house & Inform'd them that he was
directed by his Excellency to lay the account relating to the build-
ing the Light house before them and to inform them that there

1771.1 JOURNAL OF THE HOUSE. 289

was a sum of Paper Bills in the Treasury & he desired the house
would direct what should be done with them. The Sec y Inform'd
the house that the Board had join'd a Com tee in order to consider
of the Excise bill.

Decemb 1 21 st 1771.

Voted That William Parker John Phillips & Sam 1 Livermore
Esq rs be a Com tee to join such as shall be appointed by the Hon ble
his Majesty's Council to Revise the Laws of this Province and
make report at the next siting of the Gen 1 Assembly what Laws
they think necessary to be renewed alter'd or made new. Sent
up by Mr. Knight. [Concurred, and Hon be Peter Livius & George
Jaffrey Esq 8 & Wyseman Claggett Esq r added.]

An Act to prevent & punish disorders usually committed on
the 25 th of Dec 1 ' commonly called Christmas Day, the evening
preceding [and following] (1) and to prevent other Irregularities
committed at other times, having been three times read, Voted
that it pass to be Enacted. Sent up by Mr. Sheaff & Capt.
Moulton.

Tuesday the 24 th Dec''.

Voted That John Sherburne Esq r & Mr. Jacob Sheatfe be a
Committee of this house to joyn such as the Hon bl Council shall
appoint to purchase a Stove for the use of the House of Repre-
sentatives & place the same in the Room where they usually sit,
& that said Comittee Draw such sum of money out of the Treas-
ury as may be Necessary to compleat the same. Sent up by Col.
Goffe. [Concurred, & the Hon bl Col. Warner added.]

j [p. 110.] Dec r 24 th 1771.

His Excellency sent the following message to the House, viz.

Gentlemen of the House of Assembly —

The late Grant for repair of his Majesty's Castle Wm. & Mary having been

usefully applied to that purpose, There still remains an absolute necessity of

,, further aid. for the safety and Garrison duty in said Castle which will more

I particularly appear by the Copy of the Memorial of Capt. Cochran herewith

II laid before the Hon bl Assembly for their early & effectual consideration
which earnestly recommend may be adequate to the urgent Public necessity
therein.

J'Wentworth.
] Council Chamber 24 th Dec. 1771.

(l)See Jour. C. & Assm. — Ed.
19

290 PROVINCE OF XEW- HAM PS HIRE. [1771.

Memorial of Capt. John Cochran.

Province of New {

Hampshire j To his Excellency John Wentworth Esq 1 " Captain General
Governor & Commander in Chief of said Province in Council.

The Memorial of John Cochran Esq'" Commandant of his Majestys Fort Wil-
liam & Mary, Humbly sheweth —

With due submission your memorialist begs leave to Represent the .State of
said Fort: — That the wood buildings within the garrison are very insecure
against Fires especially the dwelling House in which he & his Family reside
the Chimney being in bad condition as is evident by a recent accident when
it took fire & put them in imminent danger. Also the soldiers barracks in
which they are oblig'd to keep constant fires being so contiguous to the Pow-
der Magazine renders their situation extremely hazardous & much more so
on account of the Powder Magazine itself which is greatly out of repair
besides the small number of soldiers in garrison who are quite Insufficient
not only for Garrison duty but especially should any accident of fire take
place and even these men on present pay cannot be expected to remain after
their time expires which will be in the spring at the low rate of Wages & bil-
leting now allow'd.

He also represents the great want of suitable boats for the use of the Fort.
The old barge being much Damaged by a late storm when a Vessel in the
Harbour running foul Drove her from her moorings & stove the boat almost
to pieces so as to render her unfit for repair. Wherefore your memorialist
prays your Excellency would [take] into consideration the dangerous condi-
tion of the Fort while these things are wanting that some Provision may be
made therefor and an addition to our number of soldiers with further allow-
ance for billeting and wages which will amount? us in the future steady
attention to our duty. & your Memorialist will ever pray &c.

Join? CocftiRAN.

[p. 113.] Monday 30 th [Dec 1 ] 1.771.

The following answer to the Gov" Speech was read.

May it please your Excellency —

The Assembly have duly considered the several matters recommended to
their attention in your message at opening the present session, anil are fully
convinced of the propriety of the Things recommended & the order & man-
ner of the Recommendation. A time of General Tranquility is the only time
proper for the making, raising & correcting of Laws, — for according to the
maxim arising from Experience Inter Arma Silent Leges as well as to the In-
stitutive as executive part of the Law and whether anna is taken in the strict
<fe proper sense or in a figurative or metaphorical sense of the word for un-
settled unquiet discontented seditious times.

We congratulate your Excellency on the Peaceable State of the Province
which must be in a great measure owing to the acquiescence & satisfaction of
the People under your prudent administration of Government & which be-
lieve & doubt not will continue as long as the same means which procured it
are Pursued.

We beg leave to observe that we think it very a'propos that you have by
order of your message plainly pointed out the necessary [connection] between
good Education & the prosperous state of the People — for as they by the con-
stitution have a share in the Governm* it is certainly of importance they
should be able to sustain the part they are to bear with honor to themselves
<fe with prosperity to the State which without such an Education is hardly
feasably But without detaining your Excellency with a long detail of partic-
ulars, it is with pleasure we observe the extensive care your Excellency (lis-

1771.] JOURNAL OF THE HOUSE. 291

covers for the welfare of the people under your Governm* by pointing out so
many different things as the proper objects of their attention of the house, all
which they will consider as other necessary affairs will permit and do what

they shall after deliberate consultation Judge to be their duty in

fidelity to their [Record defective.]

In the House of Representatives, Bec r 31, 1771, voted the fore-
going Draft be sent to his Excellency as an answer to his Message
to the house at the opening of the Sessions.

John Went worth, Speak r .

NewHwny \ In the Hoase of Re P resentative8 » De ° 1 ' 31 > mi -

Whereas it appears by the memorial of John Cochran Esq r
Cap* of his Majestys Fort William & Mary that there is a necessity
of making repairs of some of the Buildings in said Fort they

being much decay'd — That it was absolutely [ ] some care

should be taken of the Powder in said Fort that a proper house
for securing the same should be prepared and the Powder secured
in the mean time, Therefore Voted that Col Goffe Col Holland
& Richard Jenness and Major Hobart Esq rs be a Committee of this
House to join with such as shall be appointed by the Hon bl Board
to Inspect & examine the Premises & Report what they Judge
necessary to be done forthwith or as soon as may be and to Re-
port where they judge if, proper a Powder Magazine should be
built. Sent up by Col. Toppan. [Concurred, and Hon bl Theo-
dore Atkinson, Jona. Warner, George Jaffrey & Peter Gilman
added. («)]

(a) Votes, Acc ts , petitions &c. pass' 1 by the House and acted on by the
Council from May 22 d to Dec 1 ' 31, 1771.

Jour. C. & Assm, Dec. 81, 1771. The petition of sundry of the Inhabitants
of the Town of Peterborough setting forth that about five years ago the Rev d
John Morrison was ordained to the work of the Ministry there since which
he has been repeatedly guilty or' y e gravest immoralities, such as Profane
swearing, Drunkenness, Lewdness &c. & therefore Praying the Interposition
of the Legislature to release them from their obligation to support him &c.
Read & sent down to the Assembly. Hearing ordered by the House.

Petition of inhabitants of Londonderry & Windham, (186 in number) com-
plaining of Matthew Thornton moderator of the meeting held for choice of
Representative — and praying to have a new choice — hearing granted.

Petition of Inhabitants of Goffstown for a new Township: hearing granted.

Petition of Inhabitants of ^Nottingham to be set off into a distinct Parish —
hearing granted.

Petition from Rochester for a tax of one penny L. M. to be laid on the
land in said town — hearing granted.

Petition of Alexander Phelps & Israel Morey agents for the town of Or-
ford, praying for a tax of two pence to be laid on ail the lands in s (1 town for
four years towards building a meeting house & to support their minister —
hearing granted.

Petition of several Trustees of Dartmouth College for a Salary for the Pres-
ident & to exempt Lands granted to several officers of the College from any
expenses. [Sent down from the Board but not acted on by the Housed

Petition of Inhabitants of that part of Chester called Long Meadows to be
erected into a Parish

292 PROVINCE OF NEW-HAMPSHIRE. [1772.

Ace 1 of Committee for repairing goal in Portsin" £5 : 1, allowed.

The memorial of John Sullivan in behalf of Sundry Inhab ts of Peterboro*
against John Morrison a Presbyterian Minister there, for immoral behaviour;
accompany'd with tbe Minutes of the Presbytery before whom he was tried
& examin'd. Sent down from the Board.

Report of Com 10 '' to settle the boundary line between South Hampton &
Newton accepted with leave to bring in a Bill.

Rides of the House, (1) 1771.

[p. 106. 1 The Following Articles being numbered from one to ten Inclu-
sively having been considered & approved were voted to be observed as the
Rules of this House in the dispatch of the business to be Done & Transacted
here.

1 st That whosoever shall by any misbehaviour in Speech or Action justly
offend any of the members of the House shall for the first offence be admon-
ished, for the second fined as the House shall see meet.

2 d That no member speak Twice to any matter in debate before the house
until every member have liberty to speak once to the same matter if he shall
see cause.

3diy That every member direct his Speech to the Speaker & not to one
another, and when any member has a mind to speak to any point in debate
he shall stand up & ask leave of the Speaker & not speak without his con-
sent and shall be silent at his Command ; but if the member speaking thinks
such command unseasonable or unreasonable the Speaker shall take a vote of
the House thereon to which such member shall submit on pain of forfeiting
such sum as the house shall determine.

4b" That when ever it happens that there are as many votes on one side of
the Question as on the other without the Speaker that then the Speaker make
the casting vote.

5 lv That if the Speaker be absent the house may choose a Speaker pro-
tempore that the business of the house may be carried on without delay.

Q ] y That if any member after being Qualified & Enter'd shall absent him-
self at any time without leave from the house he shall be liable to be fined at
the Discretion of the house.

l ] y That if any member of this house shall by the major part of the house
be tho't unfit and not qualified for said place it shall be in the power to dis-
miss such Person giving Notice to the Town or precinct where he belongs to
chuse another to fill up such vacancy.

gtwy That every Bill fo be passed in this House be read three times and
that there be two adjournments of this house before any Bill be passed into
an Act.

Qthiy That the Speaker with sixteen members be a house to do business.

10 th b That no vote that is passed in this house shall be reconsidered by a
less Number than those present when it was pass'd.

[p. 114.1 Province of > T ., „ * n

New Harnp 1 J In the House of Re P resent
January 1 st 1772.

The Petitioners of Londonderry to have the choice of Col"
Holland as a Representative for said Town set aside and a new
meeting & Election orderd were heard this day from Eleven
o'clock in the morning to five at night excepting the adjournment

(1) The <late of the adoption of these Rules is not given.— En.

1772.] JOURNAL OF THE HOUSE. 298

from one to three, and after the hearing the house divided and
there appeared to fifteen members against granting the Prayer of
the Petition and fourteen for it and thereupon the Petition was
Dismist.

January 2, 1772.

The house this Day took under consideration that part of his
Excellencies Speech Relating to his services in Great Britain and
soon after adjourned to morrow morning ten o'clock.

Friday, January 3 d .
Governor's

Mr. Speaker and Gentlemen of the Honorable House of Assembly —

I have it in command from his Majesty that an accurate & exact Provincial
Survey be made & Transmitted. The great expence attending the compleat-
ing this measure hath hitherto' defer d my entering thereupon as it would
have necessarily exceeded the former abilities of the Province, but this Diffi-
culty being removed by the Residence of Capt. Holland his Majesty's Sur-
veyor General of the Northern District of America who with great gener-
osity offers to complete this most useful survey at the inconsiderable cost of
one hundred Guineas to pay the sole charge of transporting his partys their
Provisions Cloathing & necessary Instruments without any charge or pay-
ment for his or their time Provisions & Labour. This is so favorable an
Event that I most earnestly recommend to the Hon w Assembly that they
make provision for its execution which may be done this Winter. I cannot
in the least doubt the Hon bl House will consider this Recommendation with
enlarg'd sentiments more Particularly upon this time when a considerable
grant in favor of the Province hath been made by the Parliam' of Great
Britain under so many & such circumstances that cannot but impress a
grateful Emulation Especially to carry into Effect a plan fully comprehensive
of great usefulness & which will finally save above ten times this sum to the
Province.

J'Wentwokth.
Council Chamber

in New Hampshire, Jan^ 2 d 1772.

[p. 115.] Note. — The names of members of the house are here entered,
for 1772, precisely as before on printed page 286, with this additional nota,
viz. — Ed.

" Whereas the General Assembly was adjourned the 24 th Dec r 1771 & the
16 th Jan^ 1772 so late that a great Number of the Members were not able to
travil home until the next day therefore Voted that each member be allowed
as is set down above & the Clerk to make out his certificates accordingly."

May 29, 1772.

294 PROVINCE OF NEW-HAMPSHIRE. [1772.

[p. 116.] January 3 d 1772.

Voted That Mr. Speaker, Col Phillips, Col Toppan be a Com-
mittee to wait on his Excellency to desire him to inform the
House Respecting his Instructions for a Provincial Survey.

The Com tce Returned & Reported that his Excellency would
lay it before the House.

P. M.

His Excellency sent a copy of his Majesty's Instruction referred
to above by the Dep y Secretary which was read, viz.

" You shall likewise take care that a general Plan be made of all our said
Province and of each County with the several Plantations & Fortifications
on it and that an Exact Map or Maps thereof be transmitted to our Commis-
sioners for Trade & Plantation."

A copy of Royal Instruction Relative to a Provincial Survey.

J' Went worth.
3 d Jan> 1772.

Province ol ISew T +1 od 1770

tj ,• ,- January the 3 d 1772.

Hampshire. i J

In consideration of the Eminent services his Excellency our
Gov r has done this Province & in a grateful acknowledgement of
which, Voted that there be & hereby is granted to John Went-
worth Esq 1 ' our Governor the sum of five hundred pounds Lawful
money Equal to so much Proclamation money in full for his
extraordinary services.

Province of ) j h H f Represen t s j anuary 4* 1779.

JSJew Hamp'. ) l J

Voted that the message sent by the Governor relative to the
Survey of this Province proposed to be made by Capt. Holland
be complied with and that there be and hereby is granted to said
Sam 1 Holland the sum he has proposed to do said service for, viz.
One hundred guineas or one hundred and forty Pounds Lawful
money Equal to so much Proclamation money to be paid out of
the money Lately granted by Parliament to this Province when
the work is completed & plans return'd to the Governor Council
& Assembly one to Each.

[p. 117.] January 9 th 1772,

Province of > T nth .--.>

xt tj , - January 9" 1772.
New Hamp' ) J

In the House of Representatives, The Com tce appointed to ex-
amine the accounts of the charge of building the Light House

1772.] JOURNAL OF THE HOUSE. 295

having considered the same & made such deductions as they tho't
Reasonable have Reported that there is due to Daniel Brewster
the sum of three hundred & seventy two pounds Eleven shillings
& one penny together with the other workmen employed in said
work to whom he is answerable.

Therefore Voted that there be paid to the said Daniel Brewster
the said sum of three hundred seventy two pounds Eleven shil-
lings & one penny out of the money that is or shall be in the
Treasury which sum is to be consider'd as paid in Lieu of the
money formerly appropriated for the building of a Light house
but applied to other uses.

[p. 118.] Monday, Jan* 13 th 1772.

In the House of Representatives,

Voted, That all the Law books lately printed at the cost of the
Government be distributed in the following manner: to his Excel-
lency the Gov r one, each of his Majesty's Council one, 44 to the
members of the Present & Late Assembly, 88 to the Taxable
Towns & Parishes, 10 to the Clerks of the several Courts, 15 to
lay in the house. Wra. Parker, Jno. Sherburne, Jacob Sheafe,
Mr. Webster a Com tee to get said books bound in the best
manner.

In the house of Representatives Jan y 16 1772.

Voted That John Sherburne Esq. Mr. Jacob Sheaff John Gid-
dinge & Christop r Toppan be & hereby are appointed a Com-
mittee to advise & consult with some suitable Persons whether
there can be Galleries built in the Assembly Room or house &
make Report at the next meeting of the Assembly, (a)

(a) Votes, Bills, Acc ts &c. passed by the House and acted on by the Council
from Jany 1 to 16 th 1772.

Ballance of Acct for repairs at the Castle, allowed £21 : 11 : 2.

Thos. Parsons allowed £9: 19: 10 on account of escape from goal of one
James Gordon, a prisoner.

Samuel Fulsome also allowed £4:3: 4, for same.

Acct. of Zach 1 ' Foss, for billeting soldiers allowed £15: 3:3.

Noah Parker's ace' for supplies for the Light bouse, allowed £6: 15: 9.

Capt. Eliphalet Daniel, for boarding several persons while sick in prison,
allowed £7 : 19.

John King for billeting soldiers, allowed £1 : 16: 11 1-2.

Jacob Tilton for billetting soldiers, allowed £2 : 15 : 8.

296 PROVINCE OF NEW-HAMPSHIRE. [1772.

Jour. C. <t Assin. Jan 16, 1772. His Excellency the Governor was pleased
this day to give his consent to all such acc te and allowances as had passed the
Council, & to such other Papers as were necessary for his signature and also
to the following Bills pass'd this Session, viz.

1. An Act for the Punishment of Forgery.

2. An Act to establish a Dividing Line between the Town of Southampton
and the Town of Newton.

3. An Act to establish the Proceedings under the Governor's Proclama-
tion declaring the value of money & the rate at which it should pass in this
Province.

4. An Act in addition to an Act or Law of this Province passed in the 7 th
year of the Reign of his late Majesty King George the Second, Intituled " An
Act for the better regulating Highways."

5. An Act in addition to an Act Intituled An Act for establishing a Light
to be kept at Fort William & Mary for the benefit of vessels arriving or being
upon tbis Coast in the Night time.

6. An Act. to prevent and punish Disorders usually committed on the
Twenty-fifth day of December commonly called Christmas Day, the evening
preceding and following said Day, and to prevent other Irregularities com-
mitted at other times.

7. An Act to continue in force an act passed in the 7 th year of his Majes-
ty's Reign Intituled an Act for ascertaining the Excise granted on Spirituous
Liquors retailed in this Province by an Act passed in the 5 th year of George
the 2 (1 in Lawful money, and for preventing Fraud & Deceit by avoiding a
discovery of what is retailed & enforcing a due and regular payment of such
Excise, with the form of an Oath to be adminst a to those who have Licences.

8. An Act, to vest the property of forfeitures and fines that shall arise &
be incurred by Law within any of the Counties in this Province, as also the
Money for licences for liberty to sell Spirituous Liquors, which by Law used
to be paid into the publick Treasury of the Province & applied to the use of
the Province; to vest the same in the Inhabitants of the respective Counties
aforesaid, to be applied for the use of the Counties, and to authorize the
County Treasurer to issue his Extents as the Province Treasurer may do by
Law.

9. An Act to supply the Treasury of this Province witli the sum of Five
Thousand Five hundred pounds sterling, to be raised by the sale of Bills of
Exchange to be drawn on Barlow Treco thick Esq 1 ' the agent for this Prov-
ince in Great Britain and paid out of the money in his hands lately granted
to this Province by Parliament; to be applied as is herein directed & as the
Governor Council & Assembly shall direct. And also to suspend the power
«fe authority given to the Treasurer to lay a Tax on the Polls & Estates of the
Inhabitants of this Province to redeem the Notes of hand he had given on
account of the Province, and to appoint a Com tou to draw said Bills.

His Excellency was this day pleased to adjourn the General Assembly to
Monday the 30 th day of March next at 10 o'clock A. M.

His Excellency was pleased by Proclamation dated 13 th March to Pro-
rogue the said General Assembly to the 19 th day of May next.

1172.]

JOURNAL OF THE HOUSE.

29T

[p. 119.] A List of Names of Towns sending members of the GenH Assem-
bly, and the Names of the Persons who represent them in a Session begun
19th May, 1772.

Towns.

Members.

"5^

Somersworth

Portsmouth

Dover. . ,

Hampton

Hampton Falls

Exeter

New Castle

Rye

Kingston

Newington

Stretham

Londonderry

Greenland

Durham

New Market

South Hampton

Chester

Plaistow, Hampstead & Atkinson

Salem & Pelham

Hollis.-

Merrimack & Muuson

Nottingham West & Litchfield. . .

Kings'on

Rochester

Barrington

Amherst & Bedford

Winchester

Keene

Charles Town

John Wentworth, Speaker.

William Parker

John Sherburne

Jacob Shear!'.

Otis Baker

John Gage ,

Christoph'r Toppan

Josiah Moulton

Jona. Tilton

John Giddinge

John Phillips

Tho'sBell

Rich'd Jenness

Josiah Bartlett

Ric'd Downing

Andrew Wiggin

Steph'n Holland

Clem't March

Eben'r Thompson

Israel Gilman

Eliph't Merrill

John Webster

Jonathan Carlton

2.3
23
23
23
17
19
23
22
16
17
23
22
23
20
22
23
10
23
19
23
23
23
23

Joseph Wright 15

Samuel Hobart 9

John Chamberlane 22

James Underwood , 22

Benja. Rowe 21

James Knowles | 20

Samuel Brewster 21

John Goffe, 56 m 23

Josiah Willard, 110 m j 15

Benja. Hall, 95 m | 15

Simeon Alcock, 120 m i 21

£19: 5: 8

20: 10:
20: 7:
16: 10:
17: 8:
16: 4:
20: 1:
12: 13:
9: 15:
11: 15:

May 29, 1772, Voted That Mr. Benj a Hall be allow'd Travil 60 miles for
Travelling in May 1771 before lie heard the Gen 1 Assembly was adjourn'd
also for 70 miles Travel another time & was taken sick & could not proceed
any further — Also Voted that Mr. Olcut shall be allow'd 85 miles Travil for
Traveling so far in May 1771 before he heard the General Assembly was
adjourn'd.

Jour. C. &. Assm. May 19. 1772.

Members of his Majesty's Council present.
His Excellency John Wentwobth, Governor.
Theodore Atkinson ] George Jaffrey

Daniel Warner Daniel Rogers

Jonathan Warner }■ Esqrs. Peter Gilman

Daniel Peirce T. W. Waldron

Daniel Rindge J

[p. 120.] At a session of the General Assembly held the 19 tb
of May by Prorogation from the — March 1772, the Governor was
Pleased to adjourn the House to the 20 th Instant & being Informed
that there was a house he sent the following Message.

298 PROVINCE OF NEW- HAMPSHIRE. [1772.

Mr. Speaker <fc Gentlemen of the General Assembly —

Having no special matter in command from his Majesty for your considera"
tion I shall at present only recommend to your attention the Granting of a
proper supply lor the necessary support of Government the ensuing year,
this being the customary time of making Provision for that Purpose, I have
directed tlie Treasurer to lay before you the accounts of the last year to enable
you to form an Estimate of the Sum requisite on the present occasion; what-
ever else may appear necessary for your Deliberation shall be communicated
to you in the course of the Sessions — the Harmony & Unanimity which
usually distinguish your proceedings afford me the fullest confidence that
such business as comes before you, will receive the utmost dispatch as well to I
avoid creating Expence to the Province as to accommodate your own private
Avocations at this Season.

J'Wentworth.
Council Chamber, New Hampshire,
May the 20 th 1772.

The petition of James Bracken ridge setting forth the grievance!
ot' the Inhabitants on the Land on the west side of Connecticut
River as appears in the Petition — ordered to lay for consid-
eration, (a)

(a) Jour. C. & Assm, May 20, 1772. The Petition of James Breakenridge in
behalf of the Inhabitants of sundry Townships on the West side of Connec-
ticut River, formerly under the Jurisdiction of this Province, but now an-
nexed to the Prov e of ]Sew York Praying that the General Assembly woidd
Address his Majesty intreating that he would be pleased to reannex them to
this Province etc. Read & sent down. (1)

P. M.

The petition of the Com tee of the Town of Hopkinton setting
forth that their Town was divided by the County Act which made
great Difficulty in their Publick affairs,

Voted that the Petition 1 ' 8 serve the Inhabitants who live within
the town of Bow that they may be heard on the 27 :h Inst, if the
Assembly is then sitting, if not on the 3 d day of their sitting
next.

Thursday, 21.

Voted That Mr. Parker, Clem 1 March, John Phillips & Steph"
Holland [be] a Com tee to consider of the petition, to consider what
may be proper to be done relative to the Lands on the West side
of Connecticut River.

P. M.

[p. 121.] The House considering that the time the Recorders
of the several Comities were chosen for was near expiring, they
proceeded to make choice of Daniel Peirce Esq 1 to be recorder for
the county of Rockingham, Sam 1 Hobart Esq 1 " to be Recorder for
the County of Hillsborough & Josiah Willard Esq r to be Recorder

(l) Tin- Memorial here referred to, the editor has not been able to 6nd.— Ei>.

1772.] JOURNAL OF THE HOUSE. 299

for the County of Chester [Cheshire?] for the term of one year
and for the term of ten days after the said year as heretofore.
[Each on condition that he give Bond in £2000 & also take an
oath. A committee appointed to take the Bonds & papers into
their custody in case of the death or incapacity of S d recorders.]

In the House of Representatives, May 22.

Upon reading the Petition of James Brackenridge, Voted that
the House will request the Governor to Represent the case of the
Petitioners & state the circumstances of the settlers on the West
side of Connecticut River to his Majesty's Secretary of State for
this Department to obtain Relief for them &> the Jurisdiction of
said Land if it may be & that Wm. Parker be desired to prepare a
vote to be laid before the House at their next meeting.

[The following is the vote prepared and adopted.]
Province of New Hampshire,

In the House of Representatives, May 22, 1772.

Upon Reading the Petition of James Brackenridge setting forth
the Distress'd condition of the People on the West side of Con-
necticut River settled on the Grants of Lands made by the late
Govern 1 ' of this Province with the advice of his Majesty's Council,
it appears their condition is Deplorable, and that in such a con-
fused state of affairs there can be no useful cultivation of Land,
that these people have been long in Possession and made very con-
siderable Improvement without any interruption & lived in Com-
fort and content till the change of the Jurisdiction in the year
1764, Therefore

Voted, That his Excellency the Governor of this Province be &
hereby is earnestly Requested to Represent to his Majesty's Sec-
retary of State for this Department the unhappy situation of these
People, the violence by which many of them have been dispossess'd
of their Improvements and the fruit of their labour & Expence,
That the Terms of the grants of Lands made in this Province are
much more advantageous to promote the settlement and cultiva-
tion of the Land than those made in New York, that with respect
to the much greater Distance from New York the seat of Govern*
in that Province more than from Portsmouth the seat of Governm'
here, must make it vastly more convenient for the Inhabitants of
these Lands to be under the Jurisdiction of New Hamsh 1 ' than
that of New York, That by his late Majesty's Instruction to the
Governor of this Province in the year 1744 to Inform the House
of Representatives of this Province, That unless they took care
of the support and supplies of Fort Dummer which lies on the
West side of the River which till then they had not done, his

300 PROVINCE OF NEW-HAMPSHrRE. [1772.

Majesty should find it necessary to set off a proper district of
Land to the Massachusetts, for that it seemed to him unreasonable
to oblige them to maintain a Fort in another Government, That
thereupon the Assembly tho't proper [ ] with the duty Recom-
mended, & supported that Fort as commanded accordingly, — by
all which it appears that these Lands were then within the Juris-
diction of this Province — That this Province were not Informed
of the design of altering the Jurisdiction, were nev r er heard on
that matter which they might have set in such a light that it]
would never have been done. These hints with what ever else!
may occur to his Excellency on this occasion, this house Pray the
favor of his Excellency to urge in such manner as he shall judge
Decent Especially in favor of the sufferers in whose behalf we
think it may be well said that there is no connection between the!
Ideas of Jurisdiction & of Government <fc the propriety of Indi-
viduals.

Province of New Hampshire In the house of
Representatives May 26 th 1772,

Voted That the foregoing Request be passed & sent to hi J
Majesty's Council.

Wm, Parker, Clk.
[Concurred by the Council.]

Monday, May 25*.

The Speaker not being arrived, they made choice of John Sher-
burne Esq 1 as Speaker pro Tempore.

A message was sent to the house respecting an Indian of St.
Francis tribe who was in Town that it would be proper to take
some notice of him & make him a small Present. (1) The house
adjourn'd to tomorrow nine o'clock.

May 26.

[p. 122.] Upon the Governor's message to allow or make
some small present to the Indian,

Voted That the House cannot see their way clear to grant any-
thing, for that it appears lie does not come in behalf of any of
his tribe or in any public capacity and that a gift to him would in
effect be an Invitation to others to come a begging.

(i) Tli is message baa not been found.— Ed.

1772.] JOURNAL OF THE HOUSE. 301

May 27.

(a) Jour. C. & Assm. A Vote [from the house] that there be paid unto each
Member of his Majesty's Council 7s pr Day during their attendance in Gen-
eral Assembly from the 22 a May 1771 to the Dissolution of the present Gen 1
Assembly, upon a certificate from the Secretary, and 2 l-2d pr Mile for Travel
every time the same is adjourned or prorogued. Also 6s pr Day to each
Member of the Assembly from the said 22 d Day of May to the Dissolution of
the present General Assembly, and 2 1-2$ per mile for Travel, except such
Member lives more than 14 miles from hence, in w ch case they are to receive
one day's pay when the Court is adjourned only from Saturday to Monday
upon a certificate from the Clerk of the house ; Also, that the Clerk be al-
lowed 6s pr Day, in that capacity from the aforesaid period, exclusive of his
pay as a member of the house all the aforesaid sums to be paid out of Money
that is or shall be in the Treasury. [Read and Concurred.]

[p. 124.] A Resolve of Council Impowering a Com tee appointed
to make passable a Publick Road from Charles Town to Boscawen
and allowing them to make such alterations as they found would
be necessary was sent down from the Board, Read & Concurred. (a)

(a) Jour. C. & Assm. May 27. A Resolve to Enable Edward Goldstone Lut-
wycke & others more effectually to proceed on the business of clearing a
Road from Charlestown to Boscawen w ch they were appointed to do by an
Act passed in the 9 th year of his Maj^ Reign. Read at the Board & sent
down.

His Excellency the Gov 1 sent the following Message to the
House, viz.

Mr. Speaker and Gentlemen of the Assembly —

It has been suggested by experience that the fines in the Militia Act not
being reduced expressly into the present currency by Legislative Authority
induces much difficulty & too frequent evasions of the Militia Discipline
required by Law; Therefore recommended that this matter be remedied by a
Law proper thereto.

The State of his Majesty's Castle Whi. <fe Mary in this Province exceed-
ingly demands effectual consideration. Repairs now applied will be the wisest
Economy. Under this head you will naturally observe the insufficiency of
the Garrison Establishment for the Duty necessary, the number of soldiers,
their pay & billeting are found inadequate & I earnestly recommend that
suitable Provision may be granted for this Purpose, for 'tis impossible that
either the officer or the soldiers can well subsist on the present pay, more
Especially the officer who by his Spirit & assiduity in his duty has merited
greatly of the Province; it will also be requisite that some Law be early
passed to prevent under severe penalties the purchasing cloaths arms or
accoutrements belonging to enlisted soldiers, or supplying them with Rum or
other Spirituous Liquors without leave of the commanding officer on duty.

J'Wentworth.
Council Chamber
New Hampshire, 27 th of May, 1772.

May 28 ta .

Voted That Col Goff Major Willard, Rich d Jenness & Col
March & Mr. Sheaff be a Com tee of this House to join with such
as shall be appointed by his Majesty's Council to view the Fort

302 PROVINCE OF NEW-HAMPSHIRE. [1772.

& consider what Repairs are necessary to be immediately made
& where a magazine for the Powder may be conveniently built.
[Concurred, and the Hon bl Theodore Atkinson, Daniel Warner,
George Jaffrey, Daniel Rogers and Peter Gilman Esq™ added.]

Whereas sundry Persons have represented to this house that
they have in their Possession small Quantities of Bills of Credit
of this Province, That due notice had not been given pursuant to
a former vote of this house, & some suggest that they had applied
to the Treasurer but that he had not then money to exchange
them with & before he could be provided the time limited for the
Exchange was passed ; Wherefore to take away all grounds of
complaint and that Justice may be done in this behalf to all Per-
sons, It is Resolved & Voted That the Treasurer be & hereby is
authorized to Exchange said bills and give the Possessor thereof
Lawful money Equivalent computing as he did in case when he
exchanged by virtue of the Act passed in the Eleventh year of
his Majesty's Reign, that he may continue so to do for the term
of three months from this date & give Public notice thereof Im-
mediately & none shall be received or exchanged after the expira-
tion of said three months. Sent up by Col. Gage.

P. M.
Message from the Governor.

Gentlemen of the Council & of the Assembly —

I recommend to your consideration the previous measures necessary to be
Enacted toward Enabling the Counties of Strafford & Grafton in this Prov-
ince to exercise & enjoy County Privileges.

J' YVextworth.

Councill Chamber
New Hampshire 28 th May 1772.

In Council eodem die. Read <t ordered to be sent down to the House.

G. King, Dep. Sec v .

Upon reading which in the House, Voted that Christopher
Toppan, Richard Jenness Esq re & Rich' 1 Downing, Esq r be a
Com toe of this House to join with such as the Hon bl his Majesty's
Council shall appoint to consider the subject matter of said
message & Report accordingly as soon as may be. Sent up by
Mr. Alcott. [Concurred, and the Hon bl Mr. Jaffrey, Mr. Rogers
& Mr. Gilman added.]

Report of Excise Committee.

[p. 125.1 Province of New Hampshire

Portsmouth, May 27, 1772. Agreeable to vote of the General Assembly
January 12 th 1772, appointing a Com tee lor farming out. of the Province Ex-
cise, having met at the bouse of James Stoodley Esq 1 & sold the same in
three divisions viz. Benjamin Butlei Esq r the first Division for six hundred
& sixty pounds, to Rich* 1 Jenness Esq 1 * the Second Division for one hundred
& four pounds, to Steph. Holland Esq. third Division one hundred tSr seventy

1772.J

JOURNAL OF THE HOUSE. 303

pounds, the whole amounting to nine hundred & thirty four pounds lawful
money, for which we have taken their bonds for the above sum & delivered
the same to the Hon 1 ' 1 George Jaffrey Treasurer & taken his Receipt. Pr
order of the Com tee .

Jonathan Warner, Chairman.

Friday 29, 1772.

The Deputy Sec y came down with a message from his Excel-
lency Informing the house that he had assented to the votes
Respecting the appointing Recorders for the Counties of Rock-
ingham, Hillsborough & Cheshire.

Voted That John Sherburne & Josiah Bartiett Ssq rs be a
Com tee of this house to join with such as shall be appointed by
the Hon bl his Majesty's Council to prepare some Refreshments for
his Excellency & such of his Majesty's Council and House of
Representatives as shall be willing & can attend on his Excellency
at his Majesty's Fort Wm. & Mary, on the King's birth day &
drink his Majesty's health there at the expence of the Province.
Sent up by Mr. Wiggin. Concurred, and Hon'' 1 Daniel Rindge &
George Jaffrey Esquires added. (a)

(a) Votes, Acc ts petitions &e, passed on by the house and concurred by the
Council from the 19 Ul to the 3F l May, 1772/

Jour. C. & Assm. Petition of Eliphalet Piittee for a divorce from his wife
Abigail — hearing granted.

Petition of George Wentworth to revive an action in Court — hearing
granted.

Petition of town of Hopkinton (divided between two Counties) praying
that the whole town may be annexed to Hillsborough County.

Petition of Rochester for liberty to tax lands for four years for the clearing
& maintaing roads — hearing granted.

Petition of Sundry inhabitants of New Boston that a part of it called New
Addition may be incorporated into a township — hearing granted.

Petition from Nottingham to be set off as a parish — leave to bring in a
bill.

Nathan Green allowed £112:13:8 for loss incurred for escape of one
Nathan Longfellow from goal.

Petition of inhabitants of Goffstown respecting the illegality of their town
meeting, and that it might be set aside — hearing granted.

Petition of Mark Hunking Wentworth lor affirmation of judgment of Inf r
Court — hearing granted.

Eeport of Committee for burning money — accepted and discharged.

The Governor's Salary £700 Lawful money for one year and £100 for house
rent, allowed.

Salary of Hon. Theodore Atkinson, Sec>', allowed £60 for one year.

Salary of Attorney General, Samuel Livermore, allowed, £25.'

Rev. Arthur Brown, allowed £5 as Chaplain for the Council.

Rev. Dr. Samuel Langdon, allowed 50s as Chaplain of the House.

Rev. Dr. Sam 1 Haven, allowed 50s as Chaplain of the House.

Sheriff of Rockingham Co. allowed £4, for extra services.

Acc f of Capt. Hercules Mooney, for enlisting soldiers in 1758, balance £34
Sterling, allowed & paid.

Petition of Inhabitants of Dover, concerning the Upper bridge in s d town,
bearing granted.

304 PROVINCE OF NEW-HAMPSHIRE. [1772.

Treasurers ace 1 and Report of Com tee thereon, accepted, leaving a balance
in favour of the Province of £2799: 4: 10 3-4.

Petition of Alex 1 ' Phelps and Israel Morey, of Orford for a tax of 2d pr
Acre on Lands there for building a meeting house — hearing granted.

Enoch Poor and Theodore Carleton allowed the sum £7 : 4 : 6, on accounl
of the escape of James Gordon from goal.

Report of Com te '- to sell the Excise — accepted.

New Castle allowed £30 proclamation money in consideration of the sol-
diers attending the public worship there.

Thomas Martin allowed £8 : 13 : 5 for supplies to the Fort Wm. & Mary.

James Grouard allowed £5: 8 for taking care of the State house one year.

Eleaz r Russell allowed for postage on Governor's letters for one year, £13:10.

Doc 1 ' Hall Jackson allowed for medicines and attendance at the Fort.
£5:10:6.

James Dwyer for billeting soldiers., allow'd £2:3:6.

Wm. Jones for Billeting soldiers, allowed £4: 10: 4.

Benj" Mackay, allowed £3 : 17. for 28 musket belts for the Province.

John Staves allowed for billeting soldiers, £15: 8: 6.

[p. 126.] Tuesday June 2 d , 1772.

On the Petition of Eliphalet Pattee it appearing that the said
Abigail his wife had been duly notified of this Petition & that she
had acknowledged her guilt under her hand & seal & that the
Petitioner had a legal claim to what he petitioned for, therefore

Voted That he have leave to bring in a bill accordingly. Sent
up by the Clerk. [Concurred.]

June 4 th .

Met according to adjournm*, but being the King's birthday the
House waited on his Excellency the Govern 1 ' at Castle Wm. &
Mary to view the same & see what Repairs were necessary & on
their Return it was too late to go on business, whereupon they
adjourned to tomorrow morning nine o'clock.

[p. 127.] June 5 th .

The Petition of the Inhabitants of Goffstown for a new Parish
by the Presbyterian party was heard and the Petition dismissed.

Upon hearing said Petition & hearing said Parties and it ap-
pearing to the house there was not a number sufficient to be incor-
porated into a Parish, & that by incorporating them it would
weaken the hands of the Party not Petitioning so that neither
party would be able to carry on the necessary charges of a Parish,
<fe therefore Voted that the Petition be dismissed.

1772.] JOURNAL OF THE HOUSE. 305

P. M,

Whereas it appears that the under pinning of the Slepers of
this house is fallen down or are Rotten off which will soon En-
danger the house if not speedily Repaired, Therefore

Voted that John Sherburne Esq r be a Com tee of this House to
join with such as the Hon ble his Majesty's Council shall appoint, to
get the necessary repairs made in the best manner they may or
can & that the Com tee draw money out of the Treasury to defray
the charges thereof. Sent up by Andrew Wiggin Esq r . [Con-
curred, and the Hon ble Dr. Rogers added.]

Voted, That Capt. Cochran's ace* amounting to £24: 19: 8 for
the Entertainment of the Gen 1 Assembly at Fort Wm. & Mary
being the King's birthday be paid out of the money that is or
shall be in the Treasury. [Concurred.]

Tuesday 9 th June 1772.

Voted That the Gov 1 * be desired to give orders for Xnlisting
eight men to be posted at his Majesty's Fort Wm& Mary to serve
for one year from the 25 th of March last.

Voted That the muster Roll of Capt John Cochran for soldiers
posted at his Majesty's Fort William & Mary amounting to

* [£250 : 17 : 6 1-4
Sundry supply s 62 : 13 : 4 1-2
Asmarshall 6: 12: ]

be allowed and paid £320 : 2 : 10 3-4

[p. 128.] The house took into consideration his Excellency's
message of the 5 th Instant and
Voted the answer following, viz.

The House of Eepresentatives wou'd gladly have taken your Exellency's
message of the 5 th Instant under their consideration, but were unexpectedly
prevented by the departure of sundry members whose call home it was said
was sudden & urgent. It having long been an established rule of the House
not to reconsider any subject by a number less than that Present when it was
first opened, the house therefore consider it a matter of necessity to Defer
the consideration of this Point, and the rather as they conceive it would be
more agreeable to your Excellency to have the Result to be the determination
of a full than of a thin house, whose Resolves & conclusions might be sus-
pected of & charged with Partiality & friendship rather than the effect of
Deliberate & careful examination. Upon these motives the House have sus-
pended the Issue of this affair until their next meeting when they suppose
business will be more generally attended, that they may in the mean time
learn the sentiments of their constituents on the subject, which conduct the
House hope will meet with your Excellency's approbation.

Signed, John Wentworth, Speaker.

Voted and sent pr Mr. Alcott & Dr. Thompson.
20

308 PROVINCE OF NEW-HAMPSHIRE. [1772.

NOTE BY THE EDITOR.

The Journal of the House, appears not to have heen kept at this time with
exact order and regularity; the Message of his Excellency the Governor
above referred to, is found recorded on page 130, and is as follows, viz.

Mr. Speaker and Gentlemen of the Assembly —

By the proceedings of the House I observe that the sum of £700 proclama-
tion money has been voted as my salary for the Ensuing year. I have found
this sum from the Experience of five years past very inadequate to the
Express Intention of the grant, and that it is really so I am persuaded the
House must be very sensible; nevertheless I have hitherto suspended to
make any solicitations to the General Assembly for an augmentation to this
sum, but I now think it incumbent upon me not to postpone this matter any
longer, therefore lest it might be hereafter suggested that I neglected to apply
for it, 1 take this opportunity of proposing to the House a competent provi-
sion for this Purpose as a measure that may prove to the Credit and also to
the satisfaction of the Province as well as the Governor.

J'Wextwoutii.
Council Chamber

New Hampshire, June 5 th 1772.

P. M.

Upon motion made the House took under consideration an
Extract from the minutes of his Majesty's Council relative to a
Petition signed by D. Peirce and others bro't down from the
Hon bl board accompanying the said Minutes Respecting a Road
to be made from Conway to Connecticut River on the East side
of the White Hills &c. Voted That the Petitioners have Liberty
to bring in a bill for clearing & making Passable a Road from
Conway to Connecticutt River on the East side of the White
Hills &c. where said Road can be best made & to subject the Pro-
prietors of the several Townships or Tracts of [land] already
granted to clear & make passable said Road thro' their respective
Townships or Tracts, & if said Road shall pass thro' any un-
granted Lands the Proprietors of Lancaster Northumberland &
Shelburne may cause the same to be cleared & made passable at
their own cost & charge &■ render an ace 1 of the cost thereof to
the Gen 1 Assembly which ace 1 being allowed the grantees of said
lands or those who shall hereafter have the same said Lands shall
pay to said Lancaster Northumberland & Shelburne their part
of such ace 1 in proportion to the part they shall obtain of such
lands thro' which said Road shall run. Sent up by Capt. Carlton.
[Concurred.]

June 10 th .

The Salary for the Judges of his Majesty's Super r Court being
considered,

Voted that there be allowed & paid unto the Justices of his
Majesty's Sup* Court of Judicature for their services for the terra j
of one year commencing on the 19 th day of March, as follows, viz. |

1772.) JOURNAL OF THE HOUSE. 307

[p. 129.] To the Chief Justice the sum of sixty five pounds Proc-
lamation money & to each of the other Justices the sum of sixty
pounds like money to be paid out of the money that is or shall be
in the Treasury, in two half yearly payments, by a Warrant from
his Excellency the Gov r with advice of Council. Sent up by
Deacon Knowles. [Concurred.]

The Report of the Com tee relative to the Counties of Strafford
&, Cheschire being bro't down from the Hon ble Board yesterday
with the following Vote of Council, viz. Read and non-con-
curred and adhered to the former vote : The house took the said
vote under their consideration, and Voted that they adhere to
their former vote of the 10 th Instant.(l) Sent up by Col. Gage
& Maj. Wright, (a)

(a) Jour. C. & Assem. June 8, 1772. The Council upon considering the
Report of the Com ,ee appointed to consider of his Excellency's Mess a about
the Counties of Strafford and Grafton sent down to the Hon ble House for
their concurrence, a vote for establishing the Courts and the times and places
for holding them in the said Counties.

June IV

The ace 1 of Stephen Hardy for sundries supplied made to the
Indian man lately here was offer'd for allowance & payment,

Voted that it be dismissed,

The Secretary bro't down to the House the vote of the Council
for inquiring into the State of the Lottery for New Market Bridge,
Concurr'd & Col March appointed by the House to join w th the
Com'tee of Council for that service, (a)

(a) Jour. C. & Assm. June 11. His Excellency laid before the Board the
State of New Market Bridge, recommending that the undertakers to build the
same, be called to ace 1 with the Gen 1 Assembly for the monies produced by
the Lottery granted by the Gen 1 Assembly for that purpose, & to know what
Expenditures have been already made & why the said Bridge is not finish'd:
The Council upon Considering the same, appointed the Hon Mr. Waldron
to join such as the Hon house should appoint to make such Enquiry. Sent
down by the Sec- V .

[p. 130.] P. M.

Voted That there be paid to Joseph Pattinson two pounds seven
shillings & two pence L money for his account for taking up &
committing to Goal one Mary Harford for the murder of one
Wm. Ward. Sent up by Capt. Carlton. [Concurred.]
RtWhereas a Com tee were appointed in May last to view Fort
William & Mary & to consider what repairs are necessary to be
Immediately made & where a Magazine for keeping the Powder

(1) Neither the Report of the Committer, nor v>te of th • House on the 10th I n s L . relating
to this matter, is found on record. — Ed.

308 PROVINCE OF NEW-HAMPSHIRE. [1772,

may be built with safety have on the 8 th of June Instant made
their Report which has been accepted.

Therefore Voted, That John Sherburne & Jacob Sheafe Esq. be
a Com toc of this house to join with such as shall be appointed by
the Hon ble his Majesty's Council to cause said Repairs to be made
agreeable to said Report and that they be authorised to draw
money not exceeding the sum of one hundred pounds out of the
Province Treasury by warrant from his Excellency the Gov 1 " with
advice of Council for that purpose and that the said Com tee be &
hereby are authorized to build the Magazine for keeping the Pow-
der agreeable to said Report, Provided the Powder money belong-
ing to the Province be applyed for the building said Magazine.

Saturday 13 1772.

The vote passed the 11 th of June Instant relating to Repairs of
the Fort bro't down from the Board : & Thos. Bell Esq' voted a
Com tee to join with the Com tec appointed by the Board to carry
the Report of the Com tee into execution. (a)

(a) Votes, petitions, Acc ts &c. passed on by the House and concurr'd by
the Council from June l 8t to 13 th , 1772.

Jour. C. & Assm. Ace 1 of Com tee for printing the new Law book includ-
ing printing bill, allowed £200: 5, and £27 to the Committee. (1)

John Marshall for repairs to the Castle barge, allowed £9 : 18 : 4.

On hearing the petition of inhabitants of Goffstown, relating to irregularity
of town meeting, — a new meeting to be called & Col. Goffe to preside.

Sarah Mason's petition that a certain deed which she had made to her
daughter Mary Dino, widow may be set aside — he'aring granted.

Samuel Hale jun. petition, that the Inf r Court might enter up Judgment
on certain notes of hand &c. — liberty to bring in a Resolve.

Richard Jenness' ace 1 for wood allowed £7.

Samuel Gerrish' ace 1 for boat hire to carry members of the house on the
King's birth-day, allowed £2:2.

Bill for dissolving the marriage of Eliphalet Potter — passed.

William Frost allowed pay as a member of the House, 1744-5 £4: 10 in
full.

Joseph Simes for painting & glazing, at the Fort and Court House allowed,
£10:13.

Ace 4 of Eliphalet Daniels, in full of all demands against the province up to
the time of Division into Counties, — allowed £9:6: 8.

Zachariah Foss, as pilot of the sloop Abigail in the Louisburg expedition,
1744, allowed £15.

Richard Jenness & John McDuffee, allowed £36, for looking out a Road
from Durham to Cohass.

George King Dep v Sec v allowed £10 half yearly for increase of service, by
dividing the Province into Counties.

Eleazer Russell, allowed £4:19:9 for postage on Governor's letters from
Jan3- 10 to June 10 th 1772.

John Sparhawk, for binding books, for stationary, <fcc. allowed £7: 3.

(1) One copy of this edition <>f the Laws of (ho Province, 1771, may be found in the State
Library, and also a copy iu the Library of the N. H. Hist. Soc. — En.

1772.1 JOURNAL OF THE HOUSE. 309

Council voted that all the Courts for the County of Strafford be held for
the term of 7 years at Dover, and afterwards one-half of them at Wolfebo-
rough : concurred by the house, with amendment, That after 7 years held at
Dover, "one half the Courts be held at some other place as the Gov 1 ' and As-
sembly shall then direct and order."

Col Warner's ace* for supplies to the Province, balance allowed £8:1:
7 1-2.

Daniel & Robert Fowle's ace* for binding 104 law books, allowed £23: 8.

His Excellency the Gov r was pleased to consent to the following bills passed
this Session, viz

1. An Act to revive and continue in force sundry Acts expired or near
expiring.

2. An Act to annex part of the town of Hopkinton to the County of
Hillsborough.

3. An Act to erect a certain Tract of Land, in the County of Hillsborough,
called New Boston-Addition and part of the Society Land, into a Town-
ship by the name of Frances -Town.

4. An Act for granting unto his most excellent Majesty the sum of Two
Thousand pounds for the use and purposes therein declared.

5. An Act for clearing and making passable a Road from Conway in this
Province to Connecticutt River on the East side of the White hills. (1)

6. An Act for assessing the Lands in Rochester towards repairing the
Highways running through said town.

His Excellency was also pleased to pass the several votes of allowance for
the respective officers of Government bro't up this Session, the Treas er Ace 18 ,
the Fort Muster Roll, and sundry other accounts and allowances.

His Excellency thereupon asked the advice of the Board whether he should
issue his Warrants on the Treasury for the respective Sums granted upon
such Acc te and allowances, to which the Council did consent and advise.

June 13 th 1772.

His Excellency was this day pleased to adjourn the Gen 1 Assembly of this
Province to Thursday the 23 d Day of July next at 10 o'clock a. m.

Adjourned by the Governor's several Proclamations from Time to Time
till the 24 th of November next.

(1) The above said Bill may be found recorded in full in "Record of Acts, 1766-1779," p,
176, in Secys. office.— Ed.

310

PROVINCE OF NEW-HAMPSHIRE.

[1772.

[p. 132.] A List of Towns, &c. and of Members in General Assembly in
Session from November 24th, 1772, to February 10th, 1773.

Towns.

Members.

fi2

Somersworth

Portsmouth

Dover

Hampton

Hampton Falls

Exeter

New Castle

Rye

Kingston

Newington

Stretharu

Londonderry

Greenland

Durham

New Market

South Hampton

Chester

Plastow & Hampstead

Atkinson, Salem & Pelham

Holds

Merrimack & Monson

Nottingham W., Litchfield.

Kensington

Rochester

Barrington

Amherst & Bedford

Winchester

Kene

Charles Town

John Wentworth, Esq. Speaker

Wm. Parker

John Sherburne

Jacob Shear!" Esq

Otis Baker

John Gage

Christ'r Toppan, Esq

Josiah Moulton

Jona. Tilton

John Giddinge

John Phillips

Thomas Bell, Esq

Kich'd Jenness

Josiah Bartlett

Rich'd Downing

And : Wiggin

Steph: Holland

Clem't March

Eben'r Thompson

Israel Oilman

Eliph't Merril

Jno. Webster Esq

Jno. Carlton

Joseph Wright

Sam'l Hobart

John Chamberlain

Ja. Underwood

Benja. Rowe, Esq

Ja. Knowles ,

Sam'l Brewster

Jno. Gofte. Esq

Josiah Willard

Benja. Hall

Simeon Alcock 120

16
17
25
35
30
42
16?
52
50
20
22
22
56
110
95

.'if

£11: 17: 10
Cert.
Cert. 10 : 10

33 !

24 l

19:

28 1

14:

27 ;

13:

19 ,

33 ;

34 I
29

17 i
32

22 i

it;

12
12
11

12: 7;
10: 15:
26: 14:
10: 1:
11: 4:

9: 15: 2
11: 8: 4
11: 19: 4

7: 19: 10
Cert. 12th
Feb. 1774.

8: 10:

November Tuesday 24 th .

At a session of the General Assembly begun the 24 th November
1772 & continued de die in diem till the Tenth Day of Febru-
ary then next following when it was Prorogued to the 11 th Day
of May 1773, then to meet at Portsmouth ten o'clock.

[Of his Majestys Council, present His Excellency the Governor.

Theodore Atkinson ") Jon* Warner

Dan 1 Warner > Esq 8 . George Jaffrey

Daniel Peirce ) Daniel Rogers

Peter Gillman

Esq™.]

1772 November Tuesday 24.

There being but few members present [adjourned from time to
time,] till

1773.] JOURNAL OF THE HOUSE. 311

1773 Tuesday January 5, a. m.

In the afternoon of this day there being nineteen members
present Mr. Sherburne Rich d Jenness & Dr. Rowe waited on the
Gov r to inform him there were members Enough Present to make
an house. Then the house adjourned to tomorrow ten o'clock.

Wednesday 6.

Mr. Warner & Mr. Rogers came from the Board & bro't the
Governor' Message to the house which was as follows, viz.

Gentlemen of the Council &
Gentlemen of the Assembly —

As I have the pleasure to inform the house that nothing unusual has taken
place in the Province since their adjournment It is in course to suggest the
Effectual consideration of the business enter' d upon before your recess.

I have also to recommend that such Laws as are expired or near expired &
have been found useful may be re- enacted, and such others be provided as the
exigencies of the Province require. It is to be wish'd that frequent complaints
of counterfeit 8ilver & Gold specie did not compel me to think some Law for
the Punishment of such Crimes is necessary to the safety of every individual,
this will bear upon a view of the Penal Laws which will also suggest the
Propriety of Ascertaining those fines in Proclamation currency that are not
already done, it is peculiarly requisite in the Militia Laws, indeed it is but
mere Justice due to those officers who have meritoriously exerted themselves
in reviving a military Discipline much to their honor and less to the credit of
the Province.

Gentlemen of the Assembly —

The Treasurer is directed to prepare the Provincial Accounts for Inspection
of the Assembly from whence they will more properly judge of the sum
necessary to be granted for the support of Government the ensuing year
which I recommend to your Liberal Determination in such time as to prevent
the necessity of incurring the expence of a Spring Session. The very happy
State of this Province in respect to their Perfectly Inconsiderable Taxes and
the absolute necessity of providing a convenient House for my residence
which hitherto I have wanted constrain me earnestly to move the Assembly
to take Effectual measures for building a Province House in which the Gov-
ernor can reside with comfort to himself and Respect to the Government.

J' Wentworth.
Council Chamber, Portsmouth
New Hampshire January 5, 1773.

[p. 135.] Voted That the Speaker, the Clerk of this house,
Col Phillips & Mr. Sherburne be a Committee to answer the
Governors Speech to the House.

Voted That Coi° Phillips John Giddinge Dr. Thompson & Dr.
Bartlett Esqr 8 be a Committee to Inquire what Tempory Laws are
expir'd or near expiring and make Report & what Laws may be
alter'd to advantage &> what new ones are necess y , as soon as may
be.

312 PROVINCE OF NEW-HAMPSHIRE. [1773.

Thursday 7 th .

The Deputy Secretary bro't in Capt. Cochran's Ace* relative to
the supply of Oyl to the Light House with a Letter to his Excel-
lency from said Cochran on the State of said house.

P. M.

An answer to the Gov 1 ' 8 message was this day agreed on & sent
to his Excellency which was as follows, viz.

May it please your Excellency —

■ The House of Represent 8 have considered your Message of yesterday with
your Excellency's Recommendation of the matters proposed to their attention
at Present.

Laws being the Rule of the behaviour of every Individual in Society can-
not be neglected or slightly attended to by those who have cognizance of
their frame & existence without the most blamable conduct as the contrary
demonstrates a Different conduct both useful & commendable.

The house have resolved to consider of a Law proper to Punish the coun-
terfeiting the current coin of the Province as a fact most Detrimental to Gov-
ernment in General <fe to every Particular Government where it is Practiced
& every Individual in it, as also to consider the Penalties proper for the
Militia Laws to Encourage that hon b,e & useful Act.

The House would observe that finishing the Public business so as to Pre-
vent a Spring Session tho' very desirable they cannot think it Practicable.

The House beg leave further further to observe to your excellency that tho'
the Province's Tax is not very high, yet the Tax upon the whole Including
County, Town & Parish which must be paid by the People cannot be deemed
Inconsiderable. However they will consider all matters comprehended in
your message with that attention & dispatch the nature of the affair & their
attendance on other necessary business will admit. .

N 10V H r I * n *^ e nouse °f Representatives January 7 th 1773,

be sent to his Excellen
ige of the 5 d Instant.
J. Wentworth, Speaker.

[Voted] That the above written draft be sent to his Excellency
the Governor as an answer to his message of the 5 (1 Instant.

[p. 136.] Fryday 8 th .

Voted That John Sherburne Christopher Toppan with Dr-
Giddinge & Dr. Thompson Esq 8 be a Com tce to draw up a Schedule
of what shall be deemed Rateable Estate to be sent to the several
Towns in order to a new proportion.

Jour. C. & Assm. Nov. 8. The petition of William Simpson et alii in
behalf of sundry the inhabitants of Orford setting forth that they are of the
Church of England Establishm 1 & therefore Praying that their land in said
Town of Orford may not be taxed to the support of a minister of any other
Profession, being read at the board was sent down to the Assembly.

The petition of William Simpson <fcc. read and ordered to lay
for consideration.

1773.1 JOURNAL OF THE HOUSE. 313

Wednesday 13 th .

Mr. King bro't from the board a Petition of Sundry Inhab ts of
Portsmouth ag st allowing theatrical exhibitions, which being read,
Voted unanimously that the Prayer of said petition be granted &
that the Petitioners have leave to bring in a Bill accordingly.
;Sent up by Rich* Jenness Esq r .

The petition of sundry of the Inhabitants on Connecticutt
River for an highway from Dover to Cohass was read.

Thursday 14 th .

Voted That Col Phillips Rich d Jenness Mr. Knowles Major
Hobart be a Committee to consider of the petition of the People
on Connecticut River about an highway.

Monday 18 th .

The Dep y Sec y bro't down the report of the Com tee about the
Counties of Stratford & Grafton & the petition of Mess rs Fowle
about taking am' of Law books. (a)

(a) Jour. G. & Assm. 18 th Jan^. The petition of Daniel & Robert Fowle
setting forth that they should be great losers by Printing a new Edition of
the Province Law book unless the Province will take 130 more of the said
books &c. Eead in Council & sent down to the Assembly recommended.

20 th . The Petition of Alexander Phelps & Israel Morey Esq. As agents for
the Townships of Lime & Orford praying that one or the other of said Towns
may be the Place where half the Courts of Record in the County of Grafton
may be held. Which was read at the Board & sent down to the Assembly.

22 d . The Petition of John Hurd Esq. as agent for the town of Haverhill,
Bath, Lime & Gun th wait (1) praying that Haverhill may be the shire Town
in the County of Grafton, Read & sent down.

The Petition of Jonathan Moulton & Jos. Moulton in behalf of the Pro-
prietors of Orford praying that the 2d pr acre on the Lands in said Orford
may not be granted as asked for, for reasons assigned, which was read & sent
down to the House.

Tuesday 26 th .

[p. 188.] The House took under consideration the Petition of
Alexander Phelps & Israel Morey & the petition of John Hurd
Esq. relative to the place of fixing the Courts in the County of
Grafton and after hearing thereon the House adjourned to three
o'clock p. M.

(l)This town was about 25 miles from Haverhill; bounded by the Amonoosuck river
on the West, afterwards called Concord, but now called Lisbon.— Ed.

314 PROVINCE OF NEW-HAMPSHIRE. [1773.

Wednesday, 27.

The Petition of Matthew Thornton and others was bro't down
by the Sec y as also the petition of Brackinredge bro't down. (a)

(a) Jour. C. & Assm. Jan. 27. A Petition signed James Braekenridge as
agent for the Inhabitants of a number of Townships situated in the Western
side of Connecticutt River formerly belonging to this Government now under
New York, Praying a Pecuniary grant to assist the said Brakenridge in repre-
senting to his Majesty the distressed state of her subjects inhabiting those
Townships &c. which was read & sent down to the House.

The petition of Matthew Thornton & others Praying that the Towns of
Londonderry, Wendham, Pelham, Salem, Pembrook & Concord may be
taken off from the County of Rockingham & annexed to the County of
Hillsborough, was read at the board & sent down to the House.

In the House of Representatives Jan y 27 th 1773.

Considering the circumstances of the County of Grafton, Voted
that there be held in said County four courts of General Sessions
[p. 139.] of the Peace on the third Tuesdays of October, January
& July annually all which with the other Courts <fc times it
Places for holding of each passed into an Act were particularly
set forth in the Act as in this vote. Sent up by Col. Gofte.
[Concurred.]

Fryday 29 ,h .

The Dep y Secretary bro't down a message from his Excellency
the Gov 1 Recommending to the house to grant an allowance to
the President of Dartmouth College.

Governor's Message.
[Copied from page 143 of the Journal of the House.]

Mr. Speaker & Gentlemen of the Assembly —

The Justice due & regard I entertain for the Honor and Prosperity of the
Province wou'd be neglected by me in one of its greatest Interests if I should
suffer this Session to be passed without recommending to your consideration
to provide some aid for the support of Dartmouth College : An Institution
that highly merits your warmest Protection because Virtue and Learning are
the care of good Legislators. The Rev d & worthy President whose time &
zeal is devoted to your lasting good Daily experiences the want of a support;
I am convinced that no expenditure would be more useful to the Public than
a grant for this purpose. Surely none can be more agreeable to a People pro-
fessing Christianity & Zealous for its Preservation among the remotely set-
tling Brethren or its extension to unenlightened Heathen natives of the
Land.

J'Wentwobth.
Council Chamber

29 January 1773.

1773.1 JOURNAL OF THE HOUSE. 315

P. M.

On reading the account of Dan 1 & Robert Fowle,
Voted That Dr. Thompson Dr. Giddinge & Major Hobart be a
Com tee to consider thereof

Upon a representation of the Difficulties the American Colonies
Labour under and upon a Motion made that Lord Dartmouth one
of his Majesty's Secretaries of State be addressed thereon, Voted
That Mr. Speaker Mr. Parker Col Phillips Col Toppan Capt.
Gidding & Mr. Sherburne be a Com tee of the house to draw up
an Address to the Right Hon ble the Lord Dartmouth & Present
to the House accordingly as soon as may be. (a)

(a) Jour. C. & Assin. Jan. 29, 1773. Mr. Knowles from the house bro't
up a resolve That the Clerks of the respective Courts in the County of Rock-
ingham from whence Processes are issued commending the officers to com-
mit the Person or Persons in their custody, to alter the form of such Process
so far as to order the commitment to be made to the Prison in Portsm or
Exeter in s d County as heretofore they used to be to his Majesty's goal in
Portsm , and that the Sheriff of the said County may for the safer custody of
any Prisoner in his custody or other convenience remove him or her from
one Prison to another, and further that the same rule & Directions may be
observed by the Clerks & Sheriffs of any other Counties in this Province hav-
ing more Prisons than one. [Read & concurred. 1

(6) Col Holland from the house bro't up the Petition of Matthew Thorn-
ton & others as entered the 27 th Instant for taking off some Towns therein
mentioned from the County of Rockingham & annexing them to the County
of Hills&un/ with a vote of the House theron for a hereing &c. [Read &
non-concurred. 1

Saturday 30 th .

Voted That the Corresponding Com tee be desired to purchase
an Iron Chest for the Prov e use (1) and also the measures want-
ing, viz. a Gallon «& half gallon for the use of the Province <fe
Draw on the agent for the pay thereof. Sent up by Mr. Alcock.
[Concurred.]

P. M.

The Dep y Sec y bro't down a memorial of Dr. Wheelock, read
<fc ordered to lay for consideration, (a)

(a) Jour. C. & Assm. Feb. 1, 1773. The memorial of the Rev* 1 Doctor
Eleazer Wheelock Praying to be Empowered to set up a Lottery for the
Benefit of Dartmouth College ,&c. read at the board & sent down to the
house.

[p. 140.] Thursday 4 th February.

The address of the Earl of Dartmouth prepared was read &
voted to be sent to him & committed to the care of John Sher-
burne Esq. for that purpose. The address was as follows, viz.

(1) Which will contain ten thousand dollars. [Jour. C. & Assm.]— Ed.

316 PROVINCE OF NEW-HAMPSHIRE. [1773.

May it Please your Lordship —

By this humble Address of his Majesty's Loyal & dutiful Assembly of the
Province of New Hampshire at their first session since your appointment to
the hon bl & important Station of Secretary of State for his Majesty's Colonies
in America.

We beg leave to present our congratulations & express the Pleasure it gives
us that your Lordship is called to this high office so nearly connected with
the Interest of America. Altho we have the like Expectation from an event
so auspicious as our Sister Colonies in America & in which we wish to share
with them having the same General connections & Interest,

Yet we particularly implore your Lordship's Patronage for the Good People
we Represent and Especially for our new Establish' d Seminary of Literature
to which we hope if your Lordship condescends to be a nursing father it will
soon be a diffusive Blessing and thereby in some measure merit the exalted
name of Dartmouth College.

From your Lordship's well known affection for the British Constitution We
presume it will be agreeable to your Lordship to be acquainted that it is our
firm belief there is scarce an adult born in this now growing Government
but rejoices in the reflection that our King is a Protestant of the Illustrious
House of Hanover whose concern for the good of their subjects has ever been
conspicuous from the first of their advancement to the throne of the British
Empire to this time, an Instance of which we Enjoy in his Majesty's Appoint-
ment of our Present Governor, whose administration of the affairs of this
Province has been to the general Satisfaction of the People.

We would not presume to intrude on your Lordship's time with a Disqui-
sition of American Affairs, but while we deprecate its Disquietudes we also
do the causes thereof and are morally sure on the removal of one the other
would immediately cease.

For a critical examen of which and the effecting so salutary an End we
trust God of his infinite mercy inclined our most gracious Sovereign to exalt
your Lordship to the Department you now fill.

We beg leave to add that it is our Earnest Prayer that the Divine Blessings
may always be granted to rest on your Lordship and that we are your Lord-
ships most Dutiful and obedient
[p. 141.] Humble Servants,

J. Wentworth, Speaker.

Province of New 1 February 5 th 1773 by order of the House of
Hampshire ) Representatives.

To the Right Honorable the Earl of Dartmouth.

The House on this day Petitioned the Gov 1- for a recess, which |
see at the end of the Journal of this Session, p. 143.

Petition of the Assembly to the Governor

May it please your Excellency —

The House of Reprentatives have been constantly setting as your Excel-
lency well knows from the fifth of Jan> last to this day, during which time
they have diligently attended the business in which they have been engaged
& given it all the dispatch which cou'd reasonably be expected considering
the Nature and method of Transacting such alfairs, where every one has a :
right to be heard & give his opinion in the minutest Matters, notwith- ,
standing which & the Interruptions occasioned by Private Petitions & other !
affairs, they have passed sundry Laws Acts of considerable consequence such j
as the Direction for taking Inventories of Estates in order for a new Propor-
tion and valuation Act which unavoidably took up much time besides several j
other Acts necessary for the administration of Justice.

The Present Session proving so favorable for managing County business & i
*o many of the members being concerned therein they cannot give that at- j

1773.] JOURNAL OF THE HOUSE. 317

tention that is necessary to the Discharge of the Publick Business, Wherefore
the House beg leave to Postpone the other matt rs Recommended by your Ex-
cellency till the next session of the Assembly as by the adjustment of the
Public acc ts which will then of course be exhibited & the usual grants &
Demands on the Province made, so that the House will be able to know the
state of the Province Treasury & what a charge the People are able to bear,
add to this the Com tee appointed to find a suitable place to build a Province
house and to make an estimate of the costs thereof, and then to make Report
which will enable the House to judge with more Precission what is their
duty in the matters before them. Whereupon they humbly move your Excel-
lency for a Recess that they may attend their Domestic concerns which now
takes up too much of their tho' ts to attend to the weighty matters Recom-
mended by your Excellency to their consideration, but not yet determined —
which granted they will esteem a great favor.

NewHam ^ 1 ^ the House of Re P rests Feb< ^ im
Voted That the foregoing Address be presented to the Governor.

J. Wentworth, Speaker.

A Petition was Preferred by Sam 1 Webster & Edmund Noyce
for are-hearing of a cause tried on a Writ of Review at Exeter
Supe r Court in Sep* last for that one of the Jury who tried the
cause has declared since the trial that he did not agree with the
rest to the verdict given : but it appearing this declaration has
been made only since the Court, was equally known then & not
discovered by the Juror now Pretending to be dissatisfied, when
he agreed with the rest in Open Court, it was tho't it would be of
dangerous consequence to grant a new Tryal after a Review & the
Jury had been on the spot and therefore the Petition was dis-
missed.

Saturday 6 th .
Province of )

New Hamp r ) In the House of Representatives February 6 y
1773, Voted that the Hon bl Tho 8 Westbrook Waldron be &
hereby is appointed Recorder of Deeds and Conveyances of Real
Estate in the County of Strafford until the tenth day of May
next & until the 10 th day of the sitting of the Gen 1 Assembly
next after the expiration of said Term and that he shall not be
Qualified to act as Recorder until he hath given bond with suf-
ficient sureties jointly & severally in the sum of two thousand
pounds Lawful money unto the Hon bl John Wentworth Esq.
Speaker of the house of Representatives or the Speaker for the
time being and taken oath for the faithful discharge of said office
and that the Hon bl John Wentworth Esq. Otis Baker & Eben r
Thompson Esq 1 " 8 be a Com tee they or the major part of them to
take the books belonging to said Office of Recorder into their cus-
tody in case of the Death or incapacity of the recorder or on the
expiration of the term above mention'd & them safely keep until
further order of the General Assembly & that they be under oath

318 PROVINCE OF NEW-HAMPSH1KE. [1773.

for the faithful discharge of their Trust. Sent up by Col Toppan.
[Read at the Board & concurred & assented to by the Governor.]
Voted That John Hurd Esq r be and hereby is appointed Re-
corder of Deeds & Conveyances of Real Estates in the County 01
Grafton, [for like time & like conditions as above — Alex r Phelps
Esq r David Hubbard & Charles Johnson Cora tee &c. [Con-
curred.] (1;

[p. 142.] Tuesday 8 th .

Voted That all the Laws now in force in this Province not
already Printed be printed as soon as may be at the charge of the
Province & that a set of them (2) be prepared to go with each
Law Book & that Win. Parker, E^q r be a Com tec of this house to
join with such as the Hon bl the Council shall appoint to carry this
vote into Execution. [Concurred and the Hon bl George Jnffrey,
added.]

Wednesday 10 th .

A vote for printing all the Laws as above passed into a vote &
sent up by Wiggin.

The SeV bro't down a Vote to Print 100 copies of the Act
ag st killing Deer at unseasonable times & ordered to be sent to
the Towns where Deer was to be found or might Probably be
taken. Sent down from the Council & concurred by the
House.(a)

(a) Votes, acc ts , petitions, bills, &c. passed on by the House and concurred
by the Council from Jan>' 5 th to Feb- V 10 th , 1773.

Jour. C. & Assm. Petition of inhabitants of north east part of Canter-
bury to be set off as a distinct Parish (Loudon), leave to bring in a bill.

Petition of Theophilus Dame as guardian to Benjamin, John & Susanna
Odiorn, to sell a certain house & lands, &c, leave to bring in a bill.

An act to dissolve the marriage of Eliphalet Pattee oi Chester, with Abi-
gail his wife, passed.

Vote appointing a Committee to look out a proper place to build a Prov-
ince House for the Governor, &c.

Ace 1 of Com tet to repair the Fort Wm. & Mary, and to build a Powder
Magazine, allowed £34: 2: 11 L. M.

Petition of" inhabitants of Francestown to tax unimproved lands, hearing
granted.

Ace 1 of John House & others for surveying a load from Dartmouth College
to Plymouth, allowed £10 in full.

Ace 1 of Samuel Tillotson for apprehending one Joshua Pool for counterfeit-
ing money, allowed £3.

(1) In Journal of the House, " a few members attended but not enough to make a house,"
adjourned to Tuesday 8, " then chose the Recorders of the new counties."— Ed.

(2) " That 250 setts be prepared to go with the Law hooks." .lour. C. Assm.—ED.

1773.] JOURNAL OF THE HOUSE. 319

Petition of inhabitants of Long Meadow* in Chester, to be sett off a dis-
tinct Parish, hearing granted.

Ace 1 of Noah Parker for a Stove for the Assembly room, allowed £11 : 7.

Petition of William Nevins obliging the Towns of Hollis & Dunstable to
build a bridge over Nashua river, hearing granted.

Vote directing the Treasurer of the Province to exchange any Paper Bills
in his hand, for Lawful money, &c.

Petition of Sarah Sherburne guardian to her children Dorothy & Hannah
Sherburn, for leave to sell their part of real Estate, leave to bring in a bill.

Petition of Richard Jennes & Tho s Simpson as Com tee of Deerfield, that a
tax may be laid on all the lands there for " building a Parsonage for their
minister," repairing highways, <fcc, hearing granted.

Ace* of Daniel Tiliotson for a further allowance for apprehending Joshua
Pool, allowed £3: 6 more.

Ace 1 of Daniel Rogers & John Sherburne for repairing the State house,
allowed £5b\

Ace* of Theodore Atkinson, for charge of a green cloth for covering the
table in the Council Chamber, allowed £6 : 5.

Ace 1 of Daniel & Robert Fowle for printing, £20: 12: 6, allowed £19: 8: 6.

His Excellency gave his assent to the following Bills as past by both
Houses, viz.

A Bill intituled an Act for the Paym' of £40 by the Town of Dover to sun-
dry Persons for building a Bridge in said Town.

A Bill intituled an Act impowering Sarah Sherburne of Portsm in the
County of Rockingham & Prov e of New Hampshire wid° as guardian for Two
of her daughters Dorothy Sherburne & Hannah Sherburne minors under the
age of Twenty one years to sell said minors shares in the real Estate of their
Father Henry Sherburne late of s d Portsm . Esq. deceased Intestate.

A Bill intituled an Act to Establish an equitable method of making rates &
Taxes and determining who shall be legal Voters in Town affairs.

A Bill intituled An Act enabling Theophilus Dame of Portsm in the County
of Rockingham and Province of New Hampshire, Esq. as guardian of the
Children of Benj a Odiorne deceased, to sell their right & Interest in a certain
House & Land in s d Portsm for their support.

A Bill intituled an Act to set off part of the Town of Canterbury into a
distinct Parish by the name of Loudon.

A Bill intituled an Act to continue iir force an Act made in the seventh
year of his Present Majesty's Reign Intituled an Act for ascertaining the Ex-
cise Granted on Spirituous Liquors retailed in this Province by an Act passed
in the fifth year of George the Second in Lawfull money & for Preventing
fraud and Deceit by avoiding a Discovery of what is retailed & inforceing a
Due & Regular Payment of such Excise with the form of an Oath to be ad-
ministered to those who have Lycence.

A Bill intituled An Act for reviving & amending an Act Passed in the
Eighth year of his Present Majesty's reign intituled an Act in amendment of
the Acts for establishing Fees belonging to the several officers in this Prov-
ince.

A Bill intituled An Act for fixing the Times <fc Places of holding Courts in
the Countys of Strafford & Grafton.

A Bill intituled a Act in addition to & for the amendm* of the several Acts
of this Province for establishing a Light to be kept at his Majesty's fort Wm.
& Mary, for the benefit of vessels arriving at or being near this coast in the
night time.

His Excellency was pleased to Prorogue the General Assembly
to Tuesday the Eleventh Day of May next, ten o'clock, a. m.

320 PROVINCE OF NEW-HAMPSHIRE. [1773. |

[p. 144.] Note. —On marginal page 144 is a List of Towns and Names of
Representatives therefrom, the same as at the previous session, p. 310, except
that Amos Seavey is Representative from Rye instead of Kich d Jenness.— Ed.

The King's Order in Council forbidding the Granting any

more Lands.

[Copied from MS. " Addresses to the King, 1707-1775," in Sec>' 8 office.]

At the Court at St. James's the 7 th Day of April 1773.
Present
The King's Most Excellent Majesty,
Lord President Earl of Rockford

Earl of Suffolk Earl of Dartmouth

Earl of Sandwich Lord Mansfield.

Whereas it has been Represented to his Majesty that the State and condi- j
tion of his Majesty's Colonies and Plantations in America, do both in justice j
and expediency require that the authority for granting Lands contained in the j
Commissions and Instructions given to his Majesty's Governors in the Plan- I
tations should be further regulated and restrained, and that the grantees of
such Lands should be subjected to other conditions than those at present i
prescribed in said Instructions : His Majesty having taken the same into his
Royal Consideration, is pleased with the advice of His Privy Council to order. (
and it is hereby ordered, That the Lords Commissioners for Trade and Plan-
tations do take into their immediate Consideration the powers and authorities J
for granting Lands contained in the Commissions and Instructions to his |
Majesty's Governors in the Plantations, and that the said Lords Commis-
sioners do represent to his Majesty at this Board, such alterations as they I
shall think fit and necessary to be made therein : And his Majesty is hereby !
further pleased to order, That in the mean time, and until his Majesty's fur- j
ther pleasure be signified, all and every his Majesty's Governors, Lieutenant j
Governors or other Persons in Command in his Majesty's Colonies in North
America, who are Entrusted with the Disposal of his Majesty's Lands in said
Colonies, do forbear upon Pain of his Majesty's highest Displeasure, and of |
being immediately removed from their offices, to issue any Warrant of Survey j
or to pass any Patents for Lands in the said Colonies, or to grant any Licence
for the purchase by private persons of any Lands from the Indians without
especial Direction from his Majesty for that purpose under his Majesty's
signet or sign Manual, or by order of his Majesty in Privy Council, excepting
only in the case of such Commission and Non-Commissioned officers and sol-
diers who are Intitled to grants of Land in virtue of his Majesty's Royal
Proclamation of the 7 th October 1763, to whom such grants are to be made
and Passed in Proportions and under the conditions prescribed in his Maj-
esty's said Proclamation.

Steph. Cothell.

[p. 246.] At a Session of the General Assembly begun &> held
at Portsm° the 11 th day of May 1773.

P.M.

There being a House the Governor sent the following Message :

Gentlemen of the Council and of the Assembly —

Having nothing in command from his Majesty to communicate to you at
this time & this being a very busy season of the year, I therefore only Recom-
mend to your Effectual consideration the necessary supply for the support of

1773.] JOURNAL OF THE HOUSE. 321

Government. The Treasurer is directed to lay before you the Provincial
accounts from which you will readily determine upon the Provision requisite
for the Ensuing year which I doubt not you will frame with such Wisdom
Diligence and Dispatch as will Demonstrate your affectionate attachment to
the united interest of his Majesty's service & the welfare of the Province.

J'Wkntwokth.
New Hampshire Council Chamber
May 11, 1773.

Wednesday 12 th of May.

The House took under consideration the affair of Rich d Jenness
Esq r Whether he should be admitted to sit in this House consid-
ering the conviction ag st him at the Sup r Court last term. The
Question was put whether the house wou'd consider it this after-
noon or put it off for further consideration —

Voted That the house will Determine the affair before they go
on any other business.

The House Voted that the crimes of which said Jenness was
convicted Render him unfit to sit as a member of the Gen 1 As-
sembly and that he be for said offences Expelled from this House
& that a writ be issued for a new member to Represent the Town
of Rye in the room of said Jenness.

Vote of Expulsion.
In the House of Repres* May 12, 1773.

[p. 147.] Whereas Rich d Jenness Esq r a member of this house,,
a Representative for New Castle & Rye, by Judgment of his
Majesty's Sup r Court of Judicature has been lately since his Elec-
tion to serve as a Representative as afores d convicted of forgery
of Deeds of Conveyance of Lands as set forth in the Indictments
to which the said Jenness pleaded Guilty & Judgment thereon
was entered accordingly, whereby said Jenness has disqualified
himself to sit as a member of this House,

Therefore Voted, That it is inconsistent with the Honor & duty
of this House to permit him to continue in said Trust and that he
be wholly removed <fc Expelled from his seat in this House, and
he is accordingly hereby wholly expelled from the same, and that
the Speaker of this House Issue a writ for a new choice of a Rep-
resent 6 for New Castle & Rye as soon as may be. Which writ
was issued the 13 th of May accordingly.

William Parker, Cler.

[p. 148.] Wednesday 19 th .

Voted That Dr. Rowe, Josiah Bartlett & Josiah Willard Esq™
be a Com tee to wait on the Gov r with a copy of the vote of Expul-
sion of Rich d Jenness Esq r from his seat in this house.
21

PROVINCE OF NEW-HAMPSHIRE. [1773.

Tuesday 25.

An Act was read establishing a new Proportion.

The Sheriff made return of the Precept Directed to him to
cause a new member to be chosen for New Castle & Rye, That
he had pursuant to said Precept Issued a Precept to the Select-
men of New Castle & Rye to convene the Freeholders of said
Towns for the above end, who return that Mr. Amos Seavey was
Legally chosen to Represent said Township of Rye in the Gen-
eral Assembly at Portsmouth, upon which the House chose Col*
Goff & Col Bartlet to wait on his Excellency to inform him of
said return.

Voted That Dan 1 Peirce Esq r be & hereby is chosen <fc ap-
pointed Recorder of Deeds & Conveyances of Real Estate & all
other Instruments by Law to be recorded in said office within the
County of Rockingham for the term of one year from this date
& until the tenth day of the sitting of the General Assembly
next after the Expiration of said term, &c. [on same conditions as
before, see p. 237. The Speaker of the House, Jon a Warner, Dan'
Rindge & John Sherburne, Esq. Com tee to take the Books, &c]

Ne^Hwn^l ln the House ° f Jie P resent ' Ma y 25 ' 1773 >

Voted That there be allowed & paid unto the Justices of his
Majesty's Sup r Court of Judicature for their services for the term
of one year, commencing the 19 th Day of March 1773 as follows:
To the Chief Justice sixty-five Pounds, equal to so much Procla-
mation money to be paid out of money that is or shall be in the
Treasury in two half yearly payments by Warrant from his Excel-
lency the Governor with advice of Council.

William Parker, Cler.

[p. 150.] Voted that Tho*. Westbrook Waldron Esq. be &
hereby is appointed Recorder of Deeds & Conveyances of Real
Estates & all other Instruments by Law to be recorded in said
office within the County of Strafford, and so on in the case of the
Recorder for the County of Rockingham, &c.

The same day John Hurd, Esq. appointed Recorder for & within
the County of Grafton, Com lee Bezaleel Woodward, Esq. David
Hobart, & Charles Johnson.

The same day Josiah Willard appointed Recorder for & within
the County of Cheshire. Entered in the same form tfc words, mu-
tatis mutandis, Com tce Eleazar Williams, Benj" Hall & Capt. Isaac
Wyman.

The Dep y Sec 7 came into the House and acquainted the House
that Mr. Amos Seavey was sworn in the usual form as a member
of this House.

1773.] JOURNAL OF THE HOUSE. 323

[p. 152.] May 27 th , 1773.

In the House of Representatives, A Memorial was presented by
the Trustees of Dartmouth College for a Grant of a sum of money
to assist in erecting a new College; —

Voted That there be & hereby is granted to the Trustees for the
use set forth in the Memorial, the sum of five hundred pounds
Lawful money to be paid by bills of Exchange to be drawn on the
agent of the Province in London, which sum of five hundred
pounds shall be hereafter placed in the Treasury of this Province
by a tax on the Polls & Estates within the Same as the General
Assembly shall hereafter order. Sent up by Col Phillips & Mr.
Alcott. [Concurred.]

Fryday, May 28 th 1773.

[p. 155.] Upon Reading a Petition of John Marcy & Eben r
Swan Praying Liberty to Erect a mill for Expressing Linseed Oyl
& to exclude others in the Town of Walpole, granted that they
have leave to bring in a bill according to their Petition. Sent up
by Col. Goffe. (a)

(a) Jour. C. & Assm. Coll Groflfe bro't up from the House the Petition of
John Marcy & Ebenezer Swan for an exclusive Right to make Linseed oil in
the County of Cheshire for 20 years to come with a vote of the House thereon
for leave for the Petitioners to bring in a Bill for that purpose. [Concurred.!

(&) Coli Baker bro't up the Petition of Jn° Grage Esq. et al. praying that
the sum of £137 Lawful money may be paid by the County of Rockingham
to the County of Stratford that Sum having been paid into the County
Treasury of Rockingham by Stratford County before the latter was enabled to
act, with a Report of a Comm te of the House thereon, and a vote for bringing
in an Act allowing the Sum of £100. Read & concurred.

May 29 th 1773.

Voted that the Committee last appointed to get Laws of this
Province printed be Impowered to get two hundred copies of each
Publick act passed by the General Assembly during their present
Session or that may be passed until the dessolution of the present
Assembly printed at the publick expence and to Deliver one of
each to the Town Clerk or Selectmen of each Town in this Gov-
ernment that pays publick Taxes in the same, (a) [Concurred.]

(a) Votes, Acc te , pititions, bills &c. passed on by the house and concurred
by the Council from 11 th to the 29 th of May, 1773.

Jour C. & Assm. Petition of sundry inhabitants of Hampton Falls to set
aside their annual town meeting, as illegal, &c. hearing granted.

Petition from Reuben Kidder & Jotham Blanchard for a Road from
Charlestown to Amherst — heariug granted.

324 PROVINCE OF NEW-HAMPSHIRE. [1773.

Petition from Proprietors of New Ipswitch to lay a tax on certain lands —
hearing granted.

Petition of Daniel Merrill and Ebenezer Jaquith of Dunstable to be an-
nexed to Holies — leave to bring in a bill.

Vote, That Dr. Tornson, Col Phillips, Col Holland & Col Bartlett be a
Com tee to overlook the Inventories and bring them into one form.

Petition of Rich' 1 Jenness, & Thomas Simpson of Deertield for a tax of 2d
per Acre for a parsonage house & land & for roads — hearing granted.

Petition from Frances-town for a Tax of a half-penny per acre on land "for
the encouragement of the first gospel minister to settle among them," —
hearing granted.

Petition of John Dudley that a Deed given by him to Simon Marston &
Pattin Simpson may be declared null and void — hearing granted.

Petition from Com tee of the Western Parish, in Londonderry for an Act
11 obliging every person in said Londonderry to support the Gospel only in
the congregation to which he conscientiously adheres " — hearing granted.

John Quigley's acct. for taking inventory of Society Land, allowed £1 ;
15 : 0.

Joseph Hemenway, John Mellen and James Reed for taking Inventory of
Monadnock No. 4, allowed £1:7:6.

John Webster, Moses Garland & John Fifield, for taking Inventory of New
Britain & Perry's town, allowed £1 : 15 : 0.

James Smith & David Steel for taking Inventory of Peterborough Slip,
allowed £1:1:0.

Petition of Elkanah Day for Divorce from his wife Jane, for adultery with
William Gleason — hearing granted.

James Stilson and Thomas Young, for taking Inventory of a Gore of Land
adjoining New Durham, allowed £1 : 15 : 0.

Vote for Governor Wentworth's Salary one year £700.

Vote for Dr. Langdon, as Chaplain, 50s.

Vote for Dr. Haven, as Chaplain, 50s.

Vote for Rev. Mr. Brown, as Chaplain to the Council, 50s.

Vote allowing Hon. Theo. Atkinson, as Secretary £60.

Vote allowing Samuel Livermore, Esq. as Att. Gen 1 £25.

Vote allowing Chief Justice of Sup r Court, £65, and the other Justices
£60 for one year salary, paid half yearly.

Vote allowing George King, Clerk of Sup r Court £10, extra charge.

Vote allowing Gov. Wentworth, lor one year's house rent, £100.

Report of Com ,Pe for drawing bills of Exchange, accepted & Com te * dis-
charged.

Ace 1 of Eleazer Russel for Gov lp postage, allowed £12: 13: 6.

Ace 1 of James Grouard for taking care of State House, allowed £5.

Ace 1 of Nath 1 Breed for taking Inventory of Monadnoc, No. 6, allowed
19s 6d.

Ace 1 of Doc. Hall Jackson for attending sick at Fort Win. & Mary allowed
£5:2:6.

Ace* of Daniel Towle for printing, allowed £17 : 7.

Ace 1 of Rie " Jenness & John McDuffee, allowed £36.

Ace* of Rich d Jenness for wood, £7 : 14, allowed.

Ace 1 of Selectmen of Rochester for taking Inventory of Leavitts-town,
East-town and Middletown, allowed £3.

Ace 1 of Sam 1 Livermore, Esq. for travelling charges, allowed in full, £5.

Benj a Tucker, for taking Inventory in Monadnoc, No. 5, allowed 15s.

Allowed Selectmen of New Castle, in consideration of soldiers atteuding
public worship there, 60s in full.

Allowed Com tee for selling the Excise, £5: 8.

Allowed the Sheriff for extra service £4.

Vote allowing John Gage and John Sherburne to exchange £20 in Paper
bills in the Treasury.

Ace 1 of Com tee to draw bills of Exchange on Agent in London, allowed
£41:6:8.

1773.] JOURNAL OF THE HOUSE. 325

Allowed £250 for the support of Fort Wm. & Mary one year, to be paid
quarterly.
John Pickering for drawing bills, allowed 22s.
Aaron Bull & Jesse Wilcox, for taking Inventory of Saville allowed 21s.

His Excellency was pleased to give his Assent to the following Bills, viz.

A Bill entitled an act for setting off a part of the town of Dunstable to the
town of Holies — and annexing it to the town of Holies, &c.

A Bill entitled an Act for Dissolving the annual meeting of the Inhabi-
tants of Hampton Falls and authorizing the holding a new meeting.

A Bill entitled an Act for making and establishing a new Proportion of the
Province Tax, &c. and to authorize the Treasurer to issue his warrants for
levying the same.

A Bill entitled an Act for granting unto his most Excellent Majesty the
sum of two Thousand Pounds for the uses & purposes therein declared.

A Bill entitled An Act to prevent the Destruction of Salmon, Shad and
other Fish in Merrimac, Pemigawasset & Winnipissaoke Kivers within this
Province.

A Bill entitled An act in Addition to an Act to preserve Fish in Piscataqua
Kiver.

A Bill entitled an Act to remove any Doubts about the recording of Deeds
& proving of Wills in the several Counties in this Province since the Division
thereof into Counties, and for providing a further security of Persons Title
to real Estates.

His Excellency was pleased to adjourn the General Assembly
to Tuesday the 6 th Day of July next at 10 o'clock a. m. and the
Dep y Sec 3 ' was sent down to adjourn the House to that time.

326

PROVINCE OF NEW-HAMPSHIRE.

[1773.

[p. 156.] Province of New Hampshire.

The following is a List of the Rateable Estates of the several
Towns as settled by the General Assembly for a new Proportion
which each Town pays to a Thousand Pounds, May A. D. 1773.

COUNTY OF ROCKINGHAM.

Towns.

No. Polls. Rateable Estates. Proportion to £1000

Portsmouth

Hampton

Exeter

New Castle

Rye

Kingstown

Newington

Stretham

Londonderry

Greenland

Newmarkf-t

South Hampton. .. ,

Plaistow

Hainpeted

Salem

Pelham

Chester

Hampton-falls

Nottingham

Brintwood

Canterbury

North Hampton.. . .
East Kingstown.. . .

New Town

Kensington

Windham

Bow

Epping

Gosport

Epsom

Pembrook

[p. 157.] Sandown.

Hawke

Concord

Candia

Raymond

Poplin

Deeriield

Atkinson

Chichester

Allenstown

Seabrook

Northwood

Loudon

Goeport

Total Poles.

682
192
359
137
153
208
191

90
475
137
252
100
111
139
227
138
358
119
170
208
133
133

93
121
163

64
311

155

124

205

144

122

104

199

112

125

£1200
299
500
120
230
299
375
200
739
225
362
161
152
200
300
198
463
225
269
300
172
201
150
143
290
107

73
200
157
160
283
172
158
130
237
161
55
50

£58: 2
14: 9
24: 4

5: 16
11: 2
14: 9
18: 3

9: 13
35: 15:
10: 17:
17: 10

7: 15

7: 7

9: 13:

14: 10

9: 11

22: 8

10: 17

13: 0:

14: 10

8: 6

9: 14

7: 5

6: 18

14: 0:

5: 0:

3: 5

23: 10

3: 10

9: 13

13: 14
8: 6

7: 13

2: 6
1: 7

Total Estate £10,528 Total £510:

1773.

JOURNAL OF THE HOUSE.

COUNTY OF STRAFFORD.

327

Names.

No. Polls.

Rateable Estates.

Proportion to £100.

Dover

Durham

Lee

Somersworth

Barrington

Oilman Town

Sanborn Town

Rochester'.

Madbury

Barnstead..

New Durham,

Gore of laud, adjo'g

Middletown

East Town (1)

Leavitts Town (2). .......

Wolf boro'

Moultonborough

[p. 158.] Sandwich

New Holderness

Meredith

Campton

Conway ,

Total poles

Deduct Conway, being in
Grafton Co.

338

231

177

209

226

133

301

147

2312
20

£530
364
254
331
290
155

76
388
230

£25: 13:
17: 12
12: 6
16:
14:

7: 10

3: 13
18: 15
11: 2

1: 12

1: 10
2: 8
1: 9:
I: 13
2: 6:
1: 12
0: 0:

Total R. Est... 3101
Deduct 20

Total Tax. £148: 15:

2292

COUNTY OF HILLSBOROUGH.

Amherst

Litchfield

Boscawen

Bedford

Nottingham W

Derryfield

Goffstown. . . :

Salisbury

Peterborough

Dunbarton

Hopkinton

Wilton

Dunstable

Peterboro' Slip

New Boston

Weare

Hollis

Hillsborough

New Ipswich

Merrimac

Lyndborough

Henniker

Raby <3)

Mason

Temple

Frances Town

Society Land (4)

New Almsbury (5)

New Britain (6)

Perry's Town (7)

Mile slip (8) and Tewksbury
Farms so called.

Total polls.

287
63
102
105
123
50
149
83

175
121
112
18
77
150
251
43
169
117
108
68
33
103
91
43
47
43
27
12

400
110
125
150
175
75
171
100
150
109
237
172
190
19
90
180
350
44
270
165
123
68
41
110
100
42
43
40
30

2946 Rat'e Est.

£19: 7:
5: 6
6: 1:
7: 5:
8: 9:
3: 12

5: 5:
11: 9
8: 6
9: 4
0: 18:
5: 0:
9: 0:
16: 18:
2: 2
13: 1
7: 19

5: 19

3: 5

1: 19

5: 6

4: 16
2:

2: 1

1: 18

1: 9

0: 9

£189: 16

(1) Now called Wakefield.
(2} Now Effingham.

(3) Raby, now called Brookline.

(4) Society Land, Deering, &c.

(5) New Almsbury, now Warner.

(6) New Britain or Breton, now Andover.

(7) Perry's town, now Sutton.

(8) Mile Slip, now Milford, &c. —Ed.

328

[P. 159.]

PROVINCE OF NEW-HAMPSHIRE.
COUNTY OF CHESHIRE.

[177*.

Towns.

No. Polls.) Rateable Estates, i Proportion to £1000.

Keene

Swanzey

Walpole

Rindge

Westmoreland

Winchester

Hinsdale

Gilsom

Cornisb

Surry

Plainfield

Charles Town

Dublin

Claremont

Alstead

Marlow

Newport

Croydon

Acworth

Saville (1)

Unitv

Monadnock No. 2. (2).
.Monadnock No. 4, (3).
Monadnuck No. 5, (4).
Monadnock No. 6, (5).

Limerick (6)

Chesterfield

Richmond

Camden (7)

Lemster

Total Poll*

150

£219

£10: 12

I 100

140

6: 15

122

170

8: 4

157

155

7: 10

j 131

150

7: 5

(»

130

170

8: 4

3: 7

1: 16

2: 8

2: 13

3: 8

128

190

9: 4

2: 18

4: 7

2: 5

46
35
25

47
41
27

2: 5
1: 19
1: 6

1: 9

0: 12

1: 4

3: 5

2: 18

| 47

2: 6

1: 4

1: 14

146

« 140

6: 15

138

162

7: 16

40
1.

40
8

1: 18

0: 7

2052

Total Estate £2,445

Total. . . . £117: 14

COUNTY GF GRAFTON.

[v. 160.] Haverhill

Plymouth • • • ■

Lebanon

New Chester (8) . . .

Hanover

Canaan

Cockersmouth (9)..

Lime

Orford

Rumney

Piermont

Bath

Gunthwait (10)....

Lancaster

Alexandria

Northumberland. .

Thornton

Conway

Lyman

Total Polls..

£100

£4: 16

4: 7

4: 2

1: 9

3: 13

0: 19

0: 16

3: 1

2: 6

1: 15

1: 7

1: 6

648

Total Estate... £706

Total £33: 14:

(1) Saville, now Wendell.

(2) Monadnock, No. 2, now Dublin.

(3) Monadnock, No. 4, now Fitzwilliam.

(4) Monadnock, No. 5, now Marlborough

(5) Monadnock, No. 6, now Nelson.

(6) Limerick, now Stoddard.

(7) Camden, now Washington.

(8) New Chester, now Hill.

(9) Cockermouth, now Groton.

(10) Gunthwait. now Lisbon. -

Ed.

1773.

JOURNAL OF THE HOUSE.

329

EACH COUNTY.

Towns.

.Rockingham
Strafford....
Hillsborough
Cheshire ....
Grafton. ...

Number of
Polls.

7570 (1)
2292
2946
2052
642(1)

Rateable Estate.

£10,528

3,101

3,888

2,445

686

Proportion of
£1000.

£510: 1:
148: 15:
189: 16:
117: 14:
33: 14:

£1000:

Province of New Hampshire. In the House of Representatives, May 21,
1773. The foregoing calculation having been read & approved Voted that the
proportion of the several Towns to the Province Taxes be established accor-
dingly & that a bill be brought in for that purpose.

William Parker, Cler,
In Council, eodem die, read & concurred.

Geo. King, Sec*.

[p. 161.] An Account of the Treasurer's Notes burnt the 29th of May 1773.

No. 23,
42
20
45
44
24
1

>/ the

Treasurer

£40:

54:

14:

23:

130:

41
25
33
6
19
14

£50:

20:

£378:

28, 1778,

the

Lett*

sis from

Province of ) In the House of Represeri* 8 May !
New Hamp r j House taking into consideration the
the Com tee of Correspondence appointed by the House of Bur-
gesses of Virginia, also a letter from the Speaker of the house of
Deputies of the Col y of Rhode Island and Directed to the Speaker
of this House, thereupon Voted and Resolved that this house hear-
tily concur in sentiments with the house of Deputies aforesaid in
said Letters Represented.

Resolved, That William Parker, John Sherburne, Jacob Sheaff,
John Giddinge & Simeon Alcott be a Com tee of this house to con-
sider of & prepare Answers to the Letters from Virginia & Rhode
Island, lay the same before the house as soon as may be.

NOTE BY THE EDITOR.

The Letters above referred to have not been found on record or on file in
the Sec^ 8 office in New Hampshire; but as similar letters were addressed to
" Sister Colonies " in America, it is presumed that those sent to New Hamp-
shire were the same essentially, as the others. The editor therefore deems
it proper to introduce the above said letters as copied from " Rhode Island
Colonial Records, 1770-1776, Vol. VII, " pp. 225-228, changing only the
address — indicated by brackets.

(1) It will be perceived that there is a alight discrepancy between the aggregate as here
given and that in the preceding castings.— Ed.

330 PROVINCE OF NEW-HAMPSHIRE. [1773.

Letter from the /Speaker of the house of Burgesses of Virginia to
the Speaker of the House of Assembly in [New Hampshire.]

Virginia, March 19 th , 1773.

Sir: — I have received the commands of this house of Burgesses of this
Colony, to transmit to you a copy of the resolves entered into hy them on the
12 th instant, which they hope will prove of general utility, if the other Colo-
nies shall think fit to adopt them.

They have expressed themselves so fully as to the motives that led to these
resolutions, that I need not say any thing on that point; and shall only beg
you will lay them before your Assembly as early as possible, and request them
to appoint some of their body to communicate from to time with the corres-
ponding committee of Virginia.

I am, with great respect, &c.

Peyton Randolph,

To the Governor of [New Hampshire.]

JE/xtracts from the Journal of the Proceedings of the House of
JBurgesses, of Virginia.

" Friday, the 12 th of March {
13 th George III. 1773.

Upon a motion made

The House resolved itself into a Committee of the whole House, upon the
State of the Colony,

Mr. Speaker left the Chair.

Mr. Bland took the chair of the Committee.

Mr. Speaker resumed the Chair.

Mr. Bland reported from the Committee that they had directed him to
make the following report to the House, viz :

1 Whereas the minds of his Majesty's faithful subjects, in this Colony, have
been much disturbed by various rumors and reports of proceedings tending
to deprive them of their ancient, legal and constitutional rights: —

And whereas the affairs of this colony are frequently connected with those
of Great Britain, as well as of the neighboring Colonies, which renders a
Communication of sentiments necessary; in order, therefore to remove the
uneasiness, and to quiet the minds of the people, as well as for the other
good purposes above mentioned, —

Be it resolved, that a Standing Committee of correspondence and inquiry
be appointed, to consist of eleven persons, to wit: the Hon. Peyton Randolph,
Esq. Robert Carter Nicholas, Richard Bland, Richard Henry Lee, Benjamin
Harrison, Edward Pendleton. Patrick Henry, Dudley Digges, Dabney Carr,
Archibald Carey and. Thomas Jefferson, Esqrs. any six of whom, to be a
Committee, whose business it shall be to obtain the most early and authentic
intelligence of all such Acts and resolutions of the British Parliament, or
proceedings of the administration, as may relate to, or affect the British Col-
onies in America: and to keep up and maintain a correspondence and com-
munication with our Sister Colonies, respecting these important considera-
tions; and the result, of such their proceedings, from time to time to lay
before this House,

ResolVed, That it be an instruction to said Committee, that they do without
delay, inform themselves particularly of the principles and authority on
which was constituted a court of inquiry, said to have been lately held in
Rhode Island, with powers to transport persons accused of offencea com-
mitted in America, to places beyond the Seas to be tried/

The said resolutions being severally read a second time, were, upon tne

1773.] JOURNAL OF THE HOUSE. 331

questions severally put thereupon, agreed to, by the House, nemine contra-
dicente.

i Kesolved, That the Speaker of this House do transmit to the Speakers of
the British Colonies on this Continent, copies of the said resolutions, and
desire that they will lay them before their respective Assemblies: and request
them to appoint some person or persons of their respective bodies, to com-
municate from time to time, with the said Committee.'
By the House of Burgesses of the Colony of Virginia.

G. Wythe.

C. H. B."

Resolutions of the House of Representatives of Rhode Island
relative to the foregoing correspondence.

Whereas this House hath appointed a committee of correspondence with
committees of the other Colonies in North America, respecting the rights
and privileges of the Colonies &c : it is therefore —

Kesolved by this House That His Honor the Governor, be requested to
deliver the said Committee a copy of his commission as one of the judges of
the Court of inquiry, constituted from home, and said to be held in this Col-
ony; and of all such other papers, which were laid before said court, as may
be consistent with his honor as Governor of this Colony.

Resolved, That the Speaker of this House be requested to write to the
Speaker of the House of Burgesses in Virginia, and to all other Speakers of
Assemblies in North America, informing them of the proceedings of this
House relating to the preservation of the rights of the Colonies.

Kesolved That a standing committee of correspondence and inquiry, to be
appointed to consist of seven persons to wit: the Honorable Stephen Hop-
kins, Esq. Metcalfe Bowles, Moses Brown, John Cole, William Bradford,
Henry Marchant and Henry Ward Esqrs. ; any four of whom, to be a Com-
mittee, whose business it shall be, to obtain the most early and authentic
intelligence of all such Acts and resolutions of the British Parliament, or
proceedings of the administration as may relate to, or affect the British Col-
onies in America ; and to keep and maintain a correspondence and commu-
nication with the other colonies, respecting those important considerations ;
and the result of these proceedings, from time to time, to lay before the
House.

Proceedings of the House of Representatives of New Hamp-
shire relative to the foregoing communications.

The Committee appointed to prepare an answer to the Letters
from Virginia & Rhode Island having laid before the House a
draft of a Letter to the Hon bl Speaker of the House of Burgesses
of Virginia & another to the Hon bi Speaker of the House of Depu-
ties of the Colony of Rhode Island,

Voted That the same be accepted & that the Speaker of this
House be desired to sign & forward them by the Post or as soon
as may be & that a Copy of the vote of this House appointing a
Committee of Correspondence be also enclosed to each of said
Speakers,

Resolved & Voted That a Standing Committee of Correspon-
dence & enquiry be appointed, to consist of seven persons, viz.

332 PROVINCE OF NEW-HAMPSHIHE. [1773.

The Hon bl Jn° Wentworth Esq. Jn° Sherburne, Willm Parker,
John Giddinge, Jacob Sheafe, Christopher Toppan & John Pick-
ering Esq" any four of whom to be a Committee whose business
it shall be to obtain the most early & authentic Intelligence of all
[p.. 162.] such acts & Resolutions of the British Parliament or pro-
ceedings of Administration as may relate to or affect the British
Colonies in America, & to keep up & maintain a Correspondence
<fc Communication with any sister Colonies respecting those
important considerations, & the result of such their proceedings
from Time to Time to lav before this House.

Letter from Hon. John Wentworth Esq. Sp>eaker, to the Speaker
of the House of Burgesses ike.

Portsm , New Hamp r 28 tn May, 1773.

Slit — Mess 1 " Kandolf, Nicholas & Digges agreeable favour of the 6 th of
April 1773 (1) with a copy of an Act ag st forging your paper currency, et a
letter dated March 19 tb 1773 unsigned, inclosing the resolves of the Hon 51
House of Burgesses of Virginia, I had the honor to receive, & on the first
meeting of our Assembly I took the earliest opportunity to lay those interest-
ing papers before them, whose unanimous Direction I have, to present their
thanks to & assure your Hon ble House that in every constitutional plan for
securing the rights of British America & removing the present Infringements
thereon our sister Colonies may rely we sincerely join, having no wish for
ourselves of an exclusive nature in those matters, ever looking on the whole
as embarked in the same common bottom ; <fe so represented it in an Address
to Lord Dartmouth at our first meeting alter his appointment for American
affairs. The house have appointed a Committee for the proposed purposes
of Communication & flatter ourselves that some measures may yet be hit on
for restoring the mutual confidence once subsisting between Great Britain
and the American Provinces. The act proposed to prevent counterfeiting
the paper money of the Colonies in British America, the House of Assembly
determine to take into consideration & wish such Laws may be enacted as
will effectually prevent such pernicious Practices in future. I have the honor
to be, Sir, your most Humble Serv 1 ,

J. Wentworth.
To the Hon b,e Speaker of the
House of Burgesses of Virginia.

Letter of Hon. John Wentworth, to the Speaker of the House of
Deputies of Rhode Island.

Portem , New Hamp r , May 28 th , 1773.

Sin — Having rec rt a letter from the Committee of the House of Burgesses
of Virginia, inclosing their resolves of the 12 th of March last a few days
before the receipt of yours of the 15 th of May Instant which resolves the
House have duly considered & agree in substance with them, & they you
may be assured that this House will readily concur with you & all the Ameri-

(l)Thifl letter hah not been found ; but this answer to it .shown, that with the exception of
the matter firat alluded to, It related to the subject chiefly referred to in the preceding
correspondence. —Ed.

1773.] JOURNAL OF THE HOUSE. 333

can Colonies in all Constitutional measures to obtain the desired redress. In
behalf of the Assembly the favour of a copy of the Commission of Enquiry
is requested whenever the same can be obtained.

I have the Honour to assure you I am with great Respect, your most Hum-
ble serv'.

J. Wkntworth.
To the Hon ble Speaker of the House

of Deputys of the Colony of

Rhode Island.

Resolutions adopted at a public meeting held in Portsmouth.
Dec. 16, 1773.

[Copied from Adams' An. Portsmouth 1825, pp. 239-40.]

" Upon a serious consideration of the late act of Parliament, subjecting
the Colonies to pay a duty upon teas in America, and more especially the
act of Parliament, passed at their last session, whereby the East India Cm -
pany have full power, to export their teas to the Colonies, liable to a duty
upon being landed here, it appears manifestly that the latter (act) was art-
fully designed by the ministry to carry more effectually into execution the
former, which was made for the express purpose of raising a revenue from
the Colonies by the authority of the British Parliament only, without our
consent : Wherefore, from a due sense of the value and importance of our
liberties and properties, and from just apprehensions of the horrors of
slavery, we are induced to make the following Resolves : —

First — That the measures of late pursued by the ministry of Great Britain
in their attempt to subject the Colonies to taxation by the sole authority of
the British Parliament, are not only unjust, arbitrary and inconsistent with
the fundamental principles of the British Constitution, but directly tend to
hasten on the destruction of an empire, which, by preserving in all its parts,
those original rights, which first gave rise to its present glory, might increase
in wealth and power, become the envy of all nations, and continue in full
strength and grandeur for ages to come ; therefore, in the foregoing view, we
cannot but think ourselves bound by our duty to the King, and love to the
nation of which we are members, to oppose such measures to the utmost of
our power.

Secondly — That it is the natural right of men born and inheriting estates
in any part of the British dominions, to have the power of disposing of their
own property, either by themselves or their representatives.

Thirdly — That the act of the British Parliament, laying a duty upon teas
landed in America, payable here, is a tax, whereby the property of Ameri-
cans is taken from them without their consent.

Fourthly — That notwithstanding the preamble to the act laying a duty
upon teas, asserts that the act is made for the support of Government, the
administration of Justice &c. in America, yet this is not only unnecessary,
but has a direct tendency to subvert our constitution, render our assemblies
useless, and the government arbitrary.

Fifthly — That every virtuous and public spirited freeman ought to oppose
to the utmost of his ability, every artful attack of the ministry to enslave the
Americans.

Sixthly — That the power given by Parliament to the East India Company,
to send out their teas to the Colonies, subjected to the payment of duties on
being landed here, is a plain attempt to enforce the ministerial plan, and a
direct attack upon the liberties of America, and that it is the indispensable
duty of all true hearted Americans to render this effect abortive.

Seventhly — That a union of all the Colonies appears to be the most likely
method, under God, of obtaining a repeal of all those acts, which are so sub-

334

PROVINCE OF NEW-HAMPSHLRE.

11774.

versive of the freedom of the British colonies and destructive to the whole
nation.

Eighthly — That in case any of the Company's teas should be brought into
this port for sale, we will use every necessary method to prevent its being
landed or sold here.

Ninthly — That whoever shall directly or indirectly promote or in any ways
aid and assist in the importation of any of the East India Company's teas, or
any teas subject to payment of a duty here, by an act of the British Parlia-
ment, shall be deemed an enemy to America.

Tenthly — That this town do hereby return their thanks to all their breth-
ren in the several governments, upon this continent, for their noble exertions
upon this important and alarming occasion.

Eleventhly — That the proceedings of this meeting be published, and sent
to every considerable town in this government; and that a Committee be
chosen to correspond with them, and with the several committees in the
other Governments."

A Committee of Correspondence, consisting of seven respectable inhabi-
tants was chosen for the above purpose.

A Journal of the General Assembly of the .Province of New
Hampshire (held by several Adjournments & Prorogations
from, the 29th of May 1773,) begun January llth 177 4.

fc{

P. 104.] TOW.N9.

HAWE8 OF REPRESENTATIVES.

Somers worth

Jn° Wentworth Esq. Speaker
( William Parker, Esq r

Portsmouth

} John Sherburne Esq'
( Jacob Sheafe.

Dover

< Otis Baker, Esq*

Hampton

Christop 1 " Toppan,
Josiah Moulton.

Hampton Falls,

Jon a Til ton.

Exeter

John Giddinge
John Phillips

[KyeJ

j Amos Seavy
Josiah Bartlett

Kingston,

Newiugton,

Kich d Downing,

Stratham

And 1 " Wiggin,

Londonderry

Steph n Holland

Greenland

Clern 1 March

Durham

Eben r Thompson

Newmarket

Israel Gilman.

So. Hampton

Capt. Eliph 1 Merrill.

Chester

John Webster

Plastow, Hampntead,

] Jon a Carlton

Atkinson

Salem &. Pelham

Joseph Wright

Holies

Sam 1 Hobart,

Merrimack A Bftonson

John Chamberlain

1774.] JOURNAL OF THE HOUSE. 835

Nottingham W. ( James Uaderw0 od

& Litchfield (
Kensington Benj a Rowe

Rochester James Knowles

Barrington Sam 1 Brewster

Amherst & Bedford John Goffe Esq.

Winchester Josiah Willard

Keene Benj a Hall

Charles town Simeon Alcott.

Mr. Hall allowed Travel 90 miles on the last prorogation, Col Goff 10
m \\ es — ? Brewster the same, Mr. Seavey not allowed, Underwood allowed
25 miles for Travel when the Court adjourn d , Major Wright 30 miles, allowed
Capt. Merrill 20 Do.

[p. 165]. Tuesday, II th Jan^, 1774.

There not appearing a sufficient number of members to make a
house, the Sec y adjourned the Assembly to tomorrow 12 o'clock.

Met according to adjournment — Chose John Sherburne Esq r
Speaker pro tempore, and voted that John Goff, John Phillips,
Josiah Bartlett & Christoph r Toppan Esq r3 be a Com tee to inform
the Gov 1 " that there were members present sufficient to make a
house and adjourned to tomorrow ten o'clock.

Thursday 13 th .

The Deputy Secretary bro't the Gov™ message to the Assembly
into the House which was read & is as follows, viz.

Gentlemen of the Council & of the Assembly —

Having nothing in command from his Majesty to lay before the Gen 1 As-
sembly, I recommend to both Houses that they proceed to the Business of
the Province naturally occurring at this time, in which is more peculiarly
included the amendment of any Laws that may require it and the passing
such others as are necessary, under this head you will readily observe the
necessity of Providing some remedy against the Pernicious practice of Coun-
terfeiting or debasing gold or silver Coins current in America, an evil too
glaringly destructive and unhappily too commonly practiced to admit any
Delay.

My regard to the Province would wound me was I to omit strongly recom-
mending your immediate care, to render effective the Laws for preventing
Infectious and Pestilential disorders being spread among the Inhabitants
Especially of Portsmouth, a calamity too Dreadful & Distressing and (without
8ome more coercive Laws) I am certain is too likely to happen, not to Engage
your earnest attention.

Whatever may be further useful or necessary I shall communicate in the
course of the Sessions in which I shall readily afford my concurrence to any
[p. 166.1 measure for his Majesty's Service and Prosperity of the Province
which cannot fail of advantage train an uninterrupted continuance of Public
Harmony, moderation and diligence all which shall have my best Endeavors
to establish.

J'Wentwokth.
Council Chamber

New Hampshire, 12 th Jan^ 1774.

S3(J FKUVINCE OF NEW-HAMPSHIRE. [1774,

Friday 14 th .

Major Hobart & Dr. Bartlett chosen to examine what Laws
were expired or near it & make report to the House as soon as
may.

Voted, That Col Toppan Col Holland Major Hobart & Wil-
liam Parker Esq 8 be a Com tfee to wait on the Gov 1 " to request of
him to communicate to the House the Evidence of the Dismission
of Mr. Livius Petition (1) & the approbation of his Excellency's
conduct : To which his Excellency was pleased to comply with
this request.

Saturday 15 th .

The Deputy Secretary brot down the Governors Answer to the
lequest made to him by a Com tee of the House which is as folio w$?.
viz.

Mr. Speaker and Gentlemen of the House of Representatives —

Having considered your Message of this day Informing me that you ami
your constituents had been greatly alarmed by a Eeport prevailing for some
time past that complaints had been Preferred to his Majesty of great Injus-
tice, mal-Administration & oppression in my conduct as Governor of this
Province, also requesting to know the event thereof:

I have in answer to acquaint the House that such complaints were Pre-
ferred and urged by Peter Livius, Esq. and that the R* Hon bl the Lords of
the Com ue oi the Privy Council to whom his Majesty was pleased to refer
the final hearing & consideration of the whole matter, had reported upon it
on the 8 th of October last, which Report his Majesty was most graciously
pleased to approve & thereupon to order the complaints of the said Peter
Livius Esq ; to be Dismissed.

J' WEJST WORTH.

Council Chamber, New Harap r ,
January 14, 1774.

(1) See a particular notice of Peter Livius, Esq., in Adams Annals of Ports^mouth. 177:.'.
pp. 234, 235. Also Brewster llamb. Vol. II. pp. 78-83.— En.

1773.1 COMPLAINTS AGAINST GOV. WENTWORTH. 33'

PAPERS

Relating to the complaint made bg Peter Livius, JEsq., against
his Excellency John "Wentworth, Governor.

[The first two Papers which follow are transcribed from Appendix, Vol. III.,
Belknap's Hist. pp. 300-312, Dover, 1812.— Ed.]

A Report from the Lords Commissioners for Trade and Plantations on h
complaint made by Peter Livius, Esquire, against John Wentworth, Es-
quire, Governor of the Province of New Hampshire.

TO THE KING'S MOST EXCELLENT MAJESTY.

May it please your

Peter Livius, Esquire, one of your Majesty's Council for the Province of
New Hampshire, in North America, having on the ninth of July, presented
a memorial unto us, complaining of the conduct of John Wentworth, Es-
quire, Your Majesty's Governor of that Province, and charging him with
Oppression and Mal-administration in the government thereof: And it
appearing, upon reference to the papers and records in our office, that the
journals of the Council of said Province, as a Council of State, and to which
the complainant referred for proof of most of the facts stated in his memorial,,
had not been transmitted since the commencement of Mr. Wentworth' s
administration : — We thought it our duty immediately to send to the said
Governor, a copy of the memorial of complaint ; and to require him to lose
no time in transmitting to us a full and explicit answer to the several charges
alledged against him, accompanied with such depositions and proofs in his
own behalf as he should think proper ; giving, at the same time, full liberty
to Mr. Livius, or any other person concerned, to make affidavit, before any
judge or other Magistrate, of what they knew concerning the subject matter
of the said complaint ; and that such Judge or other Magistrate should be
likewise enjoined, to summon such persons as the complainant, or any other
s in his behalf, should name.

That the Secretary should be likewise enjoined to give attested copies
(from the records) of the minutes of the Council, and of any other con-
cerned. And if it should appear as alledged by Mr. Livius, that the said
minutes or other records were defective, in any matter required by him or
them; or that those transactions which were alledged to have passed at any
meetings of the Council, had been omitted to be entered on the journal; then
hat the Secretary should, in such cases, be further enjoined to give evidence,
tpon oath, touching such defect or omission.

That the said Governor and the complainant, or any person or persons,
hould interchange the said proofs and depositions as soon as the same should
lave been made ; and that twenty days should be allowed, as well for himself as
he complainant or other person concerned, to make his or their reply by affi-
lavit or otherwise, to be in like manner interchanged, and afterwards certified
nd transmitted to us, under the seal of the Province ; that we might be ena-
led to represent to your Majesty, on the true state of this affair, pursuant to
le powers and directions contained in our commission under the great seaL

In consequence of the foregoing directions, your Majesty's Governor has
'ansmitted to us his answer to each article of complaint contained in Mr.

ivius's memorial, accompanied with attested copies of the Journals of the

ouncil as a Council of State, from the commencement of his admini stra-
22

338 PROVINCE OF NEW-HAMPSHIRE. [1773.

tion, arid of such depositions as have been taken to support the facts alledged
by the Governor in defence of his conduct. And we have taken the said
complaint and answer into our consideration, together with Mr. Livius's
reply to the said answer, copies of all which are hereunto annexed; and-
having heard counsel learned in the law; as well in support of the complaint,
as of the Governor's defence: we humbly beg leave to represent to your
Majesty thereupon :

That it does appear, upon full examination and clear evidence:

First, That your Majesty's Governor of New Hampshire has, in concur-
rence with the Council for the said Province, composed almost altogether of
his own kindred or relations by blood or marriage (1) taken upon him to
resume and regrant many large tracts within the said Province, the property
of your Majesty's subjects by virtue of several former grants : upon bare sug-
gestion only, tbat the conditions of such former giants had not been com-
plied with, and without the intervention of a Jury, or any proof or evidence
whatever, to establish the fact of such default.

Secondly, Tbat these resumptions have been made without any notice
(except in one or two cases) to the proprietors of such tracts, so resumed;
and that, in some instances, in which the Governor and Council did think
fit to allow time to the proprietors of certain tracts to make good the condi-
tions of their grants, such grants were nevertheless resumed, and the lands
re-granted, long before the expiration of the time allowed, and without any
notice given to the parties.

Thirdly. That the said Governor did, without any legal process whatever,
resume and regrant several tracts of land reserved to the said late Governor
within each of the townships, granted by him, and which reservation he had,
by his will, de-vised to his widow; and that such resumption was made in
consequence of a resolution of the Council, ' That the said reservations did
' not convey the premises, they being granted by the Governor to himself.

Fourthly, That, pending an action brought in the Inferiour Court of
Common Pleas, in which your Majesty's Governor was interested, and which
he admits was brought for his benefit, the Judges were, in three successive
terms, changed, and especial Judges appointed; That in the standing Court
of Common Pleas which first sat in judgment upon the action brought by the
Governor, a question arising out of'the action was decided against the Gov-
ernor's interest: That in the second term, two Judges were appointed, which
together with one of the Judges of the standing Court abovementioned,
adopted the decision of the former court: That, in the the third term, two
of the Judges were again changed, when the same question was ;vgain
brought forward, and decided in the same manner as above: That in the
fourth term, two of the Judges who sat in the former court were removed,
and a new bench appointed, consisting of Jacob Sheaffe and John Philips.
Esquires, who had not acted in that capacity in any of the preceding Terms,
and of Nathaniel Folsom, who had served in the terms, and who is stated to
have been uniformly of opinion for the Governor in the question that had
been agitated upon the action in which the said Governor was interested ;
ind that, in the last mentioned court, the said question was a fourth time

(l)The following Btatement relating to the Governor's family connections with the I
ii, Is copied from an article furnished by Hon. •John Wentworth of Chicago, and published j
in the Portsmouth Journal, i860. — Ed.

rheodore Atkinson, Portsmouth, appointed 17;;2. married the Governor's aunt.

Daniel Warner, Portsmo. " 1763, d. 1778. father of Jona. Warner.

Mark llunkinu Went worth, Portsmo. " 175!). father of the Governor.

Peter Levius, Portsmo. " 1765, d. in England, 1795, aged 68.

Jonathan Warner. Portsmo. "' I7t;t;. married two cousins of the Governor. !

I taniel EUndge, Portsmo. " 17M, nephew (if not brother) to Govs, mother.

. „. t> . .. ,-.... I son of Geo. Jaftrey, whoa

George Jaffiey, Portsmo. 1766, , wife wafi thc Govern ^. a auni .

Daniel Rogers, Portsmo. " 1766, married sister to Governor's mother.

Peter Gillman, Exeter. " 1 771 . married a cousin of the Govs, father.

Thos. Westbrook Waldron, Dover, " 177l\ d April 3, 1785, aged 68.

Paul Went worth. London, " 1772, not sworn in.

John Sherburne, Portsmo. " 1774. his father cousin to the Govs, father.

1773.] COMPLAINTS AGAINST GOV. WENT WORTH. 389

brought on to trial, and a judgment obtained in favor of the Governor,
though afterwards reversed in the Superiour Court in consequence of a Writ
of Error.

These, may it please your Majesty, are the material parts of the charge
exhibited against Mr. Wentworth ; nor is there any other part of the com-
plaint exhibited by Mr. Livius, upon which any evidence has been produced
to us, that does, in our humble opinion, lay the foundation for censure upon
the Governor's conduct. What we have stated, with respect to the resump-
tion and re-granting of lauds, is not, we think, to be justified, either by the
plea of usage or expediency, or by the opinion of the Attorney and Solicitor
General in one thousand seven hundred and fifty-two, upon which the Gov-
ernor lays so great stress; which opinion appears to us, upon full examina-
tion of it, to be confined to a particular case stated to them, not correspond-
ing with the cases in which the conduct of Mr. Wentworth is complained of;
and that, if it was applicable to such cases, yet it does not, in our humble
opinion, warrant any resumption of lands, claimed as private property under
grants from the crown, upon bare suggestion only, that the conditions have
not been complied with: but on the contrary does, we humbly conceive,
imply that the fact of the default should be first found in a regular course of
law. We further crave leave humbly to represent, that, admitting the said
opinion did warrant such a proceeding, in respect to grants, the condition of
which had not been complied with, which we conceive it does not; yet it is
certainly not applicable either to the case of lands resumed and re-granted
before the term allowed for fulfilling the conditions ' of settlement were
expired ; or to the case of the reservations to the late Governor, devised by
him' to his widow, the resumption and re-granting of which, in manner
above stated, upon an extrajudicial opinion of the Council, was, in our judg-
ment, unwarrantable and unjust. And we submit, whether the misconduct
of your Majesty's Governor, under these heads of complaint, is not greatly
aggravated by his having omitted, from the commencement of his adminis-
tration, to transmit the journals of the Council, as a Council of State; a
neglect for which he is certainly responsible, and by which transactions of
the greatest importance to your Majesty's interest and the right of your
Majesty's subjects have been concealed from your Majesty's knowledge; and
the Governor and his Council have gone on, for a series of years, in a course
of very irregular proceedings, without controul.

With regard to what has been proved respecting the change of the Judges,
though asserted, in a great number of depositions transmitted by the Gov-
ernor, to have been consonant to the usage and practice in the Colony; it is
yet, in our humble opinion, a proceeding that, under all the circumstances
attending it, is of a very extraordinary nature, and does lead to the suspicion
and presumption of very unworthy conduct on the part of your Majesty's
Governor. And, upon the whole, we humbly submit, ' That the complaint
'against Mr. Wentworth, so far as it regards the facts above stated, has been
■fully verified. At the same time it is our duty to represent, that the
' reports ^vhicb we have received, through different channels, of the situation
* of affairs within your Majesty's government of New-Hampshire, do all con-
' cur in representing the Colony to have been, ever since Mr. Wentworth's
' appointment, in a state of peace and prosperity; that its commerce has been
' enlarged and extended, the number of its inhabitants increased, and every
: ' attempt made to excite the people to disorder and disobedience has been,
by the firm and temperate conduct of Mi. Wentworth, suppressed and
'restrained.' But upon the whole, we humbly submit, whether Mr. Went-
worth's conduct in the mal-administration with which he has been charged,
ihas been such as renders him a fit person to be entrusted with your Majesty's
I interests in the important station he now Jiolds.

All which is humbly submitted.

Signed Soam Jenyns.

Bambee Gascoyne,
Geenviixe.

W. JoLIFFK. GAKLIE8.

White-Hall

May the 10"', 1774.

340 PROVINCE OF NEW-HAM PBHIRE. [1773,

Report of the Committee of the Privy Council, and Us aceepta-
tance by the King.

(Copy.)
At the Court at St. James' the 8 th Day of October, 1773.
L.S. Present

The King's Most Excellent Majesty,

Earl of Suffolk, Lord North,

Earl of Sandwich, Richard Rigby,

Vis. Barrington, George Onslow,

Whereas there was this day read at the board a report from the Right
Honorable the Lords of the Committee of Council for Plantation affairs (1)
dated the 26 th of August last, in the words following, viz.

u Your Majesty having been pleased, in consequence of a memorial pre-
sented to your Majesty from Sir Thomas Wentworth, Baronet. Paul Went-
worth, Esquire, Thomas Macdonagh, secretary to John Wentworth, Esquire.
Governor of the Province of New Hampshire, to refer unto this committee a
representation from the Lords Commissioners for trade and plantations, dated
the 10 th of May last, upon a complaint exhibited to the said Lords Commis-
sioners against the said Governor Wentworth, by Peter Livius, Esquire, one
of your Majesty's Council for the said Province, together with several other
papers transmitted by the Earl of Dartmouth, one of your Majesty's princi-
pal Secretaries of State, to the Lord President of the Council, relative to the
said complaint: The Lords of the committee, in obedience to your Majesty's
said order of reference, have met several times and taken the said matters
into consideration, and have heard Counsel on both sides. And, having
maturely weighed and considered the complaint against the said Governor,
the answer of the said Governor, and the reply of the said Peter Livius.
Esquire, together with the proofs on all sides, and the said representation of
the Lords Commissioners for trade and plantations, the Lords of the com-
mittee do humbly represent to your Majesty,

"That the first article of Charge contained in the above mentioned repre-
sentation of the Lords Commissioners for trade and plantations, sets forth
' That your Majesty's Governor of New-Hampshire%.as, in concurrence with
the Council for the said Province, composed almost altogether of his own
kindred, or relations by blood or marriage, taken upon him to resume ami re-
grant many large tracts of lands within the said Province, the property of
your Majesty's subjects in virtue of former grants, upon bare suggestion only
that the condition of such former grants had not been complied with, am)
without the intervention of a jury, or any proof or evidence whatever, to
establish the fact of such default.'

"With respect to which article the Lords of the Committee do humbly
report to your Majesty, That, by the law of England, when lands are grant',)
to a man and his heirs upon condition, the breach of the condition must be
found by a jury, under a commission issuing out of the Court of Chancery
before your Majesty can sieze and re-grant the same. But in the Provinc
of New Hampshire there is no Court of Chancery or other court empowered
to issue such a commission; and though the general rule is that the law of
England takes place in your Majesty's Colonies, yet it must always be under-
stood to mean such part of the law as is suited and adapted to the state of
the Colony, and to the frame and nature" of the constitution established
there ; and though the Governor, in concurrence with the Council lor the
said Province, hath resumed and re-granted many tracts of lands within the
said Province which had been formerly granted to other persons, yet no evi-
dence hath been laid before the committee of any such resumptions ami
re-grants having been made without proof or public notoriety that the condf*

(\) Lords of the. Committee: Lord Suffolk. President; Arch-Bishop ol Canterbury, sir
Fletcher Norton, Sir Hardly Wilmot, Sir Thomas Parker.

1773. 1 COMPLAINTS AGAINST GOV. WENTWORTH. 341

tions of such former grants had not been complied with; and no complaint
hath been or is now made by any person supposed to be injured by any such
resumptions and re-grants.

" The second article states ' That these resumptions have been made with-
out any Notice (except in one or more cases) to the proprietors of such tracts
so resumed ; and that in some instances in which the Governor and Council
did think fit to allow time to the proprietors of certain tracts to make
good the conditions of their grants, such grants were nevertheless resumed
and the land re-granted long before the expiration of the time allowed, and
without any notice given to the parties.'

" As to which article the Lords of the Committee do humbly report to
your Majesty, " That it hath not been proved that any resumptions have
been made without notice to the proprietors of such tracts so resumed ; and
it is no part of the original complaint made by Mr. Livius that in any
instance in which the Governor and Council thought fit to allow time to the
proprietors of lands to make good the conditions of their grants, such grants
were resumed and the lands re-granted before the expiration of the time
allowed ; and the Governor not having had an opportunity of answering that
complaint, the Lords of the committee are humbly of opinion no notice can
be taken of it.

"The third article represents 'That the said Governor did, without any
legal process whatever, resume and re-grant several tracts of land reserved to
the late Governor, within each of the townships granted by him, and which
reservations he had by his will devised to his widow; and that such resump-
tion was made in consequence of a resolution of the Council, that the said
reservations did not convey the premises, they being granted by the Governor
[to] himself.

" With respect to this article the Lords of the committee do humbly report
that the lands were granted but not reserved to the Governor and his heirs in
each of the townships granted by him; but being granted by your Majesty,
in your Majesty's name, and not in the Governor's name, the grants were
sufficient to convey the lands so granted to him, and the Council was mis-
taken in thinking them insufficient; and the Lords of the Committee find,
that after such an opinion given by the Council, the Governor did, with their
advice, resume and re-grant several tracts of lands, which had been granted
by the late Governor within each of the townships, as aforesaid; But it hath
not been proved that the said lands were re-granted in trust for himself; and
in many instances it hath been proved, that such lands were re-granted to
different inhabitants in the said Province, for their own use and benefit; and
the representatives of the late Governor's widow to whom he had devised
the same, have not complained of any injury or oppression by such resump-
tion and re-grants.

" And the fourth article alledges, 'That pending an action brought in the
Inferior Court of Common Pleas, in which your Majesty's Governor was in-
terested, and which he admits was brought for his benefit, the Judges were
in three successive terms, changed, and special Judges appointed : That in
the standing Court of Common Pleas, which first sat in judgment upon the
action brought by the Governor, a question arising out of the action was
decided against the Governor's interest: That, in the second term, two new
judges were appointed, which, together with one of the Judges of the stand-
ing Court abovementioned, adopted the decision of the former Court : That,
in the third term,' two of the judges were again changed when the same
question was again brought forward, and decided in the same manner as
above: That, in the fourth term, two of the judges who sat in the former
Court, were removed, and a new Bench appointed, consisting of Jacob
Sheaffe and John Phillips, Esquires, who had not acted in that capacity in
any of the preceding terms, and of Nathaniel Folsom, who had served in the
two preceding terms, and who is stated to have been uniformly of opinion
for the Governor, in the question that had been agitated upon the action in
which the said Governor was interested; and that in the last mentioned

M2 PROVINCE OF NEW-HAMPSHIRE. [1TT5.

Court, the said question was a fourth time brought on to trial, and a judg-
ment obtained in favour of the Governour, though afterwards reversed in
the Superior Court in consequence of a Writ of Error.''

" With respect to this fourth article, the Lords of the committee do
humbly report to your Majesty, That it appears in evidence to have been the
constant practice, when any of the standing Justices of the Court were in-
terested in any suit then' depending, either by being related to any of the
parties, or otherwise, for special Judges to be appointed; that there were
other causes depending at the same time in the Inferiour Court of Common
Pleas, wherein the standing Justices were either interested or akin to the
parties; and there is no proof that the special Judges were appointed on
account of the particular cause wherein the Governor was concerned; but
by many depositions, and particularly by the deposition of the defendant in
the said cause, it appears that the special commissions were solicited in the
common form and manner as is usual in the Province of New-Hampshire;
and the question debated in the said cause, being a mere collateral question,
not respecting the merit of it, was determined three times for the defendant
in the Inferior Court; but being determined a fourth time for the plaintiff.
a Writ of Error was brought into the Superior Court, and was finally deter- I
mined there for the defendant; and the defendant in the said cause swears,
that he, neither at that time, nor since, bad any objections either to the
said commissions, or to the Justice therein named and appointed, or to
either of them.

"And as to what is submitted in the said representation of the Lords Com-
missioners for trade and plantations, 'That the Governor omitted, from the
commencement of his administration, to transmit the journals of the Coun-
cil as a Council of State."

"The Lords of the Committee do humbly report to your Majesty, That
this practice was begun in the late Governor's time; who acquainted the
proper officer, on his delivering a copy of the said journals in the month of
June, 1700, that he need not give himself the trouble to make out such
copies for the future, without his special directions: and from that time the
practice has been discontinued both by the late and present Governor. But,
the Lords of the Coramitee are of opinion, that it may be proper to revive
that practice, and to have a regular transmission of such copies to the I.. p -
Commissioners for trade and plantations.

"Upon the whole, therefore, the Lords of the Committee submit to your
Majesty, That there [S no foundation for any censure upom the
said John Wentwobth, Esq. voir Majesty's Governor or Nkw
Hampshire, for any of the charges contained in Mr. Livrus'a
COMPLAINT A.GAUJST him, whose general conduct, in the administration of
affairs within your Majesty's government of New Hampshire, is represented
to have tended greatly to the peace and prosperity of the said Province.'

His Majesty, taking the said report into consideration, is pleased, with the
advice of his Privy Council, to approve thereof, and to order, as is hereby
ordered, That the said complaint of the said Peter Livius be dismissed this
board. And his Majesty doth hereby further order. That the Governor, or
Commander in Chief of the Province of New Hampshire, for the time being,
do not fail, on any pretence whatever, punctually and regularly to transmit
to the Lords Commissioners for trade and plantations, authentic copies of
the journals of the Council, as a Council of State.

Signed, (i. CHETWOO

1773.] COMPLAINTS AGAINST GOV. WENT WORTH. 848

[The following appear to be Papers, which the Governor offered in his de-
fence, during the trial. — Ed.]

Extracts of sundry Letters from the Earl of Hillsborough, to
his Excellency Governor Wentworth. (1)

[Copied from MS. Corr., Vol. Ill, p. 315—318.]

No. 1. Dated % Whitehall, Ap r 4 th 176b.

" His Majesty very much approves the attention you have shewn to the duty
of your office of Surveyor General of his Woods, as well in the Eemarks and
observations you have made on the growth of Timber in the Southern Colo-
nies through which you have passed, as in the Regulations you have Estab-
lished for preventing Waste by Illegal Destruction in the New England Gov-
ernments. This very important consideration is now before the Lords of the
Council, upon a Report from the Board of Trade, on a Memorial from Mr.
Bolian, in which Report a variety of new arrangements and Regulations are
proposed in respect to the office of Surveyor of the Woods, and the Estab-
lishments necessary for carrying their Lordships Plan into Execution, are
now under the Deliberation of the Lords Commissioners of the Treasury. 1
shall therefore think it my duty to communicate your Letters on this subject
to the Council Board," and shall also transmit copies of them to the Lords-
Commissioners of the Admiralty, that such measures may be pursued to aid
you in the Execution of your Duty, as shall be thought most adviseably by
that Board, to whose Department this matter more particularly belongs.' '

No. 2. Dated Whitehall, 14 th May, 1768.

"His Majesty is well pleas'd to find, that his subjects within your govern-
ment continue in that Dutiful Disposition, which is so agreeable to his
Majesty ; and promises himself, from your Prudence & Zeal in his service,
that they will preserve the good opinion his Majesty entertains of the affec-
tions of his subjects of New Hampshire. "

No. 3. Dated Whitehall, 9 Ul July 1706.

" The attention you appear to have shown to a faithful <& diligent Execu-
tion of y r Duty in the administration of Government, has met with the
King's approbation; and his Majesty observes with satisfaction the care you
have taken to inform y r self fully of the State of the Colony, in all those
points recommended by your Instructions.'*

No. 4. Dated ' Whitehall, 15 th July 1769.

" On the 17 of last month I received and laid beTore the King your Letters,
No. 21, No. 22, 23, 24 & 25, and his Majesty commands me to~ signify to you
his approbation of y r prudent Endeavours to suppress in their Infancy y e
factious attempts to kindle in New Hampshire the same Flame in respect to
the Revenue Laws which has disturbed the peace of his neighboring Colonies.

"His Majesty sees with satisfaction the success of those Endeavors, and
approves y e attention given by the Legislature to what you recommended to
them respecting a Law for dividing the Province into Counties, which shall
have the fullest consideration & Dispatch so soon as it comes to my hand."

U ) These Extracts are arranged by the Editor, according to their date.

o44 PROVINCE OF NEW-HAMPSHIKE. 11773.

No. 7. Dated Whitehall. 12 th June. 1770.

l> And 1 trust will be such as to enable his Majesty to give to his faithhil &
meritorious subjects in New Hampshire a Testimony, in those two cases, of
his Royal and Gracious Disposition to promote their true Interest & Welfare.

I am, sir. &c.'*

No. 8. Dated Whitehall 3 d July 1771.

"The great Variety of matter contained in this Report & the Difficulty
arising upon many legal Questions resulting from it, have hitherto prevented
any final Representation from that Board; but J cannot refuse myself the
satisfaction of acquainting you that your conduct has appeared to their Lord-
ships in the most favourable Light, and that they will not fail to hear Testi-
mony to our Royal Master of their opinion of your zeal for his service."

Extract from a private letter of Gov. Wentworth to Hairy
BetteW) JEsq. (1) in London.

[Furnished by John Wentworth, Esq., of Chicago, and printed in Porto-
mouth Journal, 1869.]

Portsmouth, N. England, April 8 th , 1775.

•• My affair with Livius is at length finished in my favor after much more
time, cost and trouble than I thought it possible such a groundless malevo-
lent attempt could have found means to create. No doubt every person that
heard the matter must Igave been astonished at my adversary's success in
prejudicing opinions against me. To this moment 1 have never learned the
reason that Induced Mr. Trecothick to direct Mr. Holland and Skinner, in
the firsl hearing to leave my reputation at the mercy of mine enemy, with-
out using the cloud of authentic testimonies furnished to justify me, and
prove the notorious wickedness, dishonor and malignity of the complainant.
This strange conduct must naturally injure me very much, and no doubt
causes Mr. Dunning whose good opinion I exceedingly covet, to form an
unfavorable judgment of the case. Four kind interposition with him on
this point 1 shall always consider as an essential office of real friendship."

(l)Capt. Benry Bellew married the widow of Gov. John Wentworth'a brother Thorna*
who Was Anne, daughter of Judge John Tasker of Marblehead, Mass. [ Voti >>>/ ■>■ " ■ '

/ 'Jl/riif/O. ]—]'][>.

No. 5. Dated Whitehall, Nov r 4 th 1769.

" As I send you a Transcript of my Letter to their Lordships indorsing that '
copy, it is unnecessary for me more rally to express to you the Light in winch I
I consider your conduct in that office.

"The King sees with satisfaction the full Testimony you bear of the
Respect for, and obedience to the Laws of this Kingdom, so steadily adhered J
to by his Majesty's subjects under your government, & is graciously pleased
to command me to express to you his Royal Approbation of your Diligence |
nnd zeal to promote their true Interests & his service.

I have the Honor to be &c.''

No. 6. Dated Whitehall, Jan> I8 lh 1770.

" And I have also the satisfaction of sending you a Letter to Mr. Powmil
from the Secretary to t<he Lords of the Treasury, by which you will see the
sense their Lordships have of your Merit in the office of Surveyor of the
Woods, tfc their Resolution that your Interest shall not suffer by any new
Arrangements that may be made in respect to that office.'*

£767-72.] COMPLAINTS AGAINST GOV. WENT WORTH.

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[Journal of the House resumed.']

[p. 167.1 Ordered that Capt. Gidding, Col° Toppan, Col Bart-
lett and Mr. John Pickering & Simeon Alcott, Esq. be a Com tee
to prepare such Laws as they shall think proper to be Enacted in
the Recess of the House and present to the House at their next
meeting or as soon as may be, — then Wni. Parker added.

Wednesday 19.

Upon reading the petition of Andrew Mc'Millan agent for the
Town of jDoncord praying to be annexed to the County of Hills-
borough &c.

Voted That the Petitioner cause the substance of the Petition
and order of Court thereon to be printed three weeks successively
in the New Hampshire Gazette, that the Petition 1 and any party
having an objection thereto may be heard thereon on the third
day of the sitting of the Gen 1 Assembly after the first Day of
March next.

| The following is the Petition of Andrew McMillan, above referred to which
will be found of general interest. — Ed.]

To His Excellency John Wentworth Esqr. Capt. General Governor and
Commander in chief in and over his Majestys Province of New Hamp-
shire the Hon'ble his Majestys Council & House of Representatives in
Genera] Assembly convened the 18th day of Jan'y Anno Domini 1774.

The Petition of Andrew McMillan Escj 1 ' Agent for the Inhabitants of the
Town of Concord in the County of Rockingham and Province aforesaid,
Humbly sheweth That said Town of Concord is Forty miles from Exeter and
Fifty five miles from Portsmouth where the Courts of Justice are held for
said County of Rockingham, and the Inhabitants of said Concord very little
if any thing benefited by the late Division of this Province into Vw<
Counties.

Secondly that many of the Inhabitants of the Towns in the north part of
the County of Hillsborough have applied to your Petitioners Constituents
and earnestly desired that the inconveniences they labour under may be
represented to your Excellency and Honours which they say are

First as there is but one Superiour Court of Judicature in a year held in
said County of Hillsborough and Prisoners committed for capital crimes
must lay in Goal sometimes Eleven nine or six months according to the time
they are committed before it can be known whether they are or are not
guilty; and in case they Should be acquitted your Petitioners constituents,
humbly apprehend it a great Pity that they have suffered so long and if
found guilty they think it a grievous burthen to maintain such bad subjects
so long al the ezpence of poor honest industrious beginners in the Wil-
derness.

Secondly Creditors in General in said County of Hillsborough who incline
to sue at any time except July term in said County are obliged to indorse
their notes &c. over to persons who live in the County of Rockingham, or

1774.1

JOURNAL OF THE HOUSE. X4&

other Counties & some to the Massachusetts, and the expence is as great as
before they were a County.

Thirdly the place where the Courts are held in said County of Hillsbor-
ough is at such a Distance from them that they are of opinion that the
Inhabitants of the south part of said County will not oppose their having
justice done in that respect.

Fourthly that the situation of thS Town of Concord is such that it will
accommodate all the Inhabitants of the upper or northerly part of the said
County of Hillsborough and give them general satisfaction.

Therefore the said Inhabitants of the Town of Concord by their said
Agent humbly pray your Excellency & Honours that- said Town of Concord
may be annexed to the County of Hillsborough and that there may be
annually Held there one Superior Court of Judicature one Superior Court of
general Sessions of the peace for said County, or otherwise act in the prem-
ises as your Excellency & Honours Wisdom for the benefit of his Majesty's
Subjects shall direct and your Petitioners by their said Agent as in Duty
bound will ever pray, <fcc.

Andrew McMillan.

Portsmo' Jan'y 18th 1774.

In Council Jan'y 19th 1774.

[p. 168.] Friday 21.

Answer to the Gov 1 '" message of the 12 th Inst. Read, accepted
& voted to be sent to the Gov r by Col Toppan, Col" Holland <fc
Dr. Bavtlett.

The answer was as follows : viz.

May it please your Excellency —

The House of Representatives apprehend it to be their duty in behalf of
their constituents to acknowledge the justness & Propriety of your Excel-
lency's sentiments expressed in your message to the House at the opening of
the present Sessions & consider .it as an Evidence of the continuance of
Paternal care & regard for the welfare of the PrSvince, since that so much
depends on the existence of good Laws in Gen 1 & especially those you point
out in Particular for there can be no doubt of the evil consequence of coun-
terfeiting or Debasing of the Public money & the great calamity of any
infectious Distemper among the People Prevailing & spreading is as evident
as that their health is necessary to their prosperity. The House therefore
think it their duty to pay all due attention to what comes so reasonably
Recommended & have appointed a Com tee to consider of & prepare the
necessary Bills.

Your Excellency will we trust give us leave to congratulate you on the
agreeable Informa" of your success in the affair of the complaint of Peter
Livius, Esq. and of his Majesty's approbation of your administration & con-
duct in the Public concerns of this Province. Had it been otherwise, We
and (as we apprehend) our Constituents would have been greatly grieved &
Disappointed, but now will heartily acquiesce and Felicitate themselves on
this happy Event. We hope all other ill grounded Complaints of the like
nature will meet with the like catastrophe. It remains to add our sincere
Desires & prayers for your auspicious & successful administration in which
both your Excellency & the People under your charge may long enjoy
mutual satisfaction.

Jn° Wentworth, Speaker.

350 PROVINCE OF NEW-HAMPSHIRE. 1 1774.

[p. 170.] Saturday, February 5 th .

Voted That Simeon Alcott, Jacob Sbeafe & John Sherburne
Esqi-" be a Com tee to prepare answers to the several letters Re-
ceived from the Speakers of the House of Maryland, Connecticut.
& Mass a Bay & lay the same before the House next week if this
House be then sitting, & if not to send them to the Speaker of
this House to bo by him signed & forwarded to the several
speakers.

Tuesday 8.

A member for Rye & Newcastle returned to the House, [Name
not mentioned] and sworn in accordingly.

Capt. John Waldron returned a representative tor Dover &

was sworn.

Thursday 10.
Mr. Bracken ridge's Petition considered & debated (a).

(a) Jour. C. & Assra. Jan. 12, 1774. The petition of James Brackenridge

as Agent to & in behalf of a great number of Inhabitants West of Connec-
ticut River praying the assistance of the General Assembly relative to a
Petition preferred (by him) to his Majesty in Council praying to have y*
Jurisdiction of certain Lands on the West side of Connecticut river hereto-
fore included within the jurisdiction of this Province but now by his Maj^"
order under New York, restored to this Province & the General Assembly
would Please to appoint the Hon bl Paul Wentworth in London their ageut to
negotiat that affair — which Petition was read at the Board & sent down to
the House.

Tn the House of Representatives, Feb. .10, 1774.(1)

Upon hearing <fc considering Mr. James Brackenridges Peti-
tion in behalf of himself & others praying that the Government
would concur with him <fc his associates in the appointment of
the Hon 1 ' 1 Paul Wentworth of London, Esq 1 " as agent to prefer &
prosecute a Petition before his Majesty in Council for the Resto-
ration ol the Jurisdiction of the Lands heretofore granted by the
late Governor Benning Wentworth on the Western side of Con-
nectiontt River to the Government of New Hampshire, Voted
that the said Paul Wentworth Esq r be <fc hereby is appointed
agent in behalf of this Government for that purpose to use. all
adviseable means & measures to obtain his Majesty's order on the
Same Petition to restore the same Lands to the Jurisdiction of
this Government, Provided the said Paul Wentworth Esq 1 be fur-
nished with money from the said Brackenridge and associates for

(l)Thie is entered in the Journal of the House, on page 182. — Kr>.

1774.] JOURNAL OF THE HOUSE. 851

Prosecuting the same & without any cost or charge to this Prov-
ince, (a)

J. Wentworth, Speaker.

(a) Votes, acc te , petitions &e. passed on in the House & concurred by the
Council from January 11 th to February 12th, 1774.

Jour. C. & Assm. Petition of inhabitants of New Boston for a tax on
of one penny pr lands acre for six years, for clearing roads, paying a minister,
<fce. — hearing granted.

Vote appointing Joseph Peircfc recorder of deeds and conveyances &c. for
Rockingham County, until the 10th of May next, on usual conditions.

Francestown petition for a tax of one penny & a half per acre on all lands
for two years for building a meeting house, settling a minister, &c. — leave to
bring in a bill with an amendment non-concurred, that the land belonging to
the Purchasers of Mason's patent be exempted from said tax ; afterwards
agreed to.

A resolution adopted that James Stinson of Dunba'rton might exchange
part of two lots in s d town for the School lot.

Petition of Abiel Foster of Canterbury relative to certain Proprietary
papers, for their authentication — a committee appointed to examine them.

Petition from Hampton-falls, for liberty to proceed in assessing taxes or
make a new Invoice &c. — leave to bring in a resolve.

Petition of Andrew McMillan, that Concord might be annexed to Hillsboro'
Co. — hearing granted.

Petition of John Moloney to make void sundry Proprietors meetings in
Canterbury — hearing granted.

Ace 1 of Col G-offe for expense in holding town meetings to raise the Prov-
ince tax, &c. allowed £9: 0.

Petition of Theophilus Hardy about the loss of an execution — hearing
♦granted.

A vote allowing the town of Deerfteld to lay a tax of one penny pr acre,
on lands for three years, for the use of repairing and making high ways only.

Petition of sundry towns in Hillsboro' Co. for a rehearing in Court of the
case of Joseph Kelly, confined in Amherst goal — hearing granted.

Ace 1 of Jon a Chase for loss by escape from goal of Nathan Longfellow —
allowed £4: 11.

Vote appointing a Committee to farm out the Excise, &c.

Petition of John Sherburne Esq. & Joseph Peirce for leave to exchange
about £90 in Paper money in the Treasury — hearing granted.

A resolve passed that fines &■ forfeitures be paid into the respective County
treasuries.

Petition of Samuel Hale for leave to exchange £12 in Paper money, at the
Treasury — granted.

A committee appointed to examine & report on the ace 1 of Amini R. Cut-
ter et alii for surveying a road from Conway to Connecticut river — allowed
£306: 11:4.

Petition of Joseph Senter relative to his loss £22: 11: 3 in laying out a
road from the Governor's house in Wolfeborough to Pemigewasset river —
hearing granted.

.Benjamin Butler allowed £30 for a mistake made in the purchase of y e
Excise on Spirits.

Friday 11 th .

Read & voted Sundry letters to the Speaker of the House of
Represent at Boston, Connecticut & Maryland.

352

PROVINCE OF NEW -HAMPSHIRE.

11774.

NO'i'K BY THE EDITOR.

[It appears from the Journal of the Council and Assembly, that on the
12 ,h of February, the Governor was pleased to Prorogue the General Assem-
bly to Thursday the 10 th day of March next, then to meet at Portsmouth at.
ten o'clock, a. m., and, "his Excellency by his Proclamation dated March
7 th 1774, was Pleased to Dissolve the General Assembly and accordingly they
were

Dissolved."

1774.J JOURNAL OF THE HOUSE. ' 358

(CORRESPONDENCE.

[p. 171.] A letter from the Speaker of the House of Represen-
tatives of Massachusetts to the Speaker of the House in New

Hampshire.

Province of the Massachusetts Bay, June 3, 1773.

Sib — The House of Representatives of this Province being earnestly
attentive to the controversy between Great Britain & the Colonies and con-
sidering that the authority claimed and exercised by Parliament on the one
side & by the General Assemblies of this Continent on the other, greatly
militates & so is productive of this unhappy contention, think it of the ut-
most Importance to the welfare of both & Particularly of the Colonies that
the Constitutional Rights & Powers of each be enquired into, delineated and
fully ascertained. It is

That his Majesty's subjects of America are intitled to the same Rights and
Liberties as those of Great Britain and that these ought in Justice by the
Constitution to be as well guaranteed & secured, to the one as to the other,
are truths too apparent to be denied.

It is by this House coifceived to be likewise undeniable that the authority
assumed & now forceably exercised by Parliament over the Colonies is utterly
subversive of freedom in the latter, and that while his Majesty's loyal subjects
in America have the mortification daily to see new abridgments of their Rights
& Liberties they have not the least security for those which at present Re-
main ; were the Colonies only affected by a Legislative subject to their con-
troul they would even then have no other security than belongs to them by
the Laws of Nature & the English Constitution, but should the authority
now claimed by Parliament be fully supported by Power or submitted to by
the Colonies, it appears to this house that there will be an End to Liberty in
America & that the Colonists will then change the Name of freemen for that
of Slaves.

In order to adjust <fe settle these important concerns the free & magnani-
mous Burgesses of Virginia have proposed a method of uniting the Counsels
of its sister Colonies & it appearing to this House to be a measure very wise
& Salutary is cheerfully received and heartily adopted. With very great
respect to your honorable Assembly and in confidence that a matter which
so nearly affects the safety of each Colony will be assisted by its wise Coun-
cils, permit this house to enclose a copy of Resolutions lately Entered into
here, and Request that you'll communicate the same at a convenient oppor-
tunity.

In the Name and by order of the House,

I have the honor to be with great truth & Regard,
your most obedient hum bl serv 1 .

Thomas Cushing, Speaker.

To the Speaker of the House of
Representatives in the Province of New Hampshire.

354 PROVINCE OF NEW- HAMPSHIRE. 11774.

liesolves of the Massachusetts House &c.

[p. 177. | Province of the Massachusetts Bay.

In the House of Represent 8 May 29 th , 1773.

Whereas the Speaker hath communicated to this House a letter from the
truly respectahle House of Burgesses in his Majesty's Ancient Colony of
Virginia Indorsing a copy of the Resolves enteral into by them on the 12 th
.of March last and requesting that a Committee of this House may he ap-
pointed to communicate from time to time with a Corresponding Committee
then appointed by the said House of Burgesses in Virginia; — And Whereas
this House is fully sensible of the necessity & Importance of an union of the
several Colonies in America at a time when it clearly appears that the Rights
and Liberties of all are systematically invaded, in order that the joint wisdom
of the whole may be Employed in consulting their common safety:

Resolved That this House have a very grateful sense of the obligations they
are under to the House of Burgesses for the Vigilance, Firmness and Wis-
dom winch they have Discovered at all times in support of the Rights &
Liberties of the xV.merican Colonies, and do heartily concur with them in
their Said & Spirited Resolves.

Resolved That a Standing Committee of Correspondence and Enquiry be
appointed to consist of Fifteen members any Eight of whom to be a Quorum
whose business it shall be to obtain the most early and authentic Intelligence
of all such Acts & Resolutions of the British Parliament or proceedings of
Administration as may relate to or affect the British Colonies in America A
to keep up & maintain a Correspondence with our sister Colonies respecting
these Important Considerations and the Result #f such. their proceedings
from time to time to lay before this House.

Resolved that it be an Instruction to the said Committee that they do
without delay inform themselves Particularly of the Principles and authority
on which was constituted a Court of Enquiry held in Rhode Island said to
be vested with Powers to transport persons accused of offences committed in
America to places beyond the seas to be tried.

Resolved that the said Committee be further Instructed to prepare & Report
to this House a Draft of a very respectful answer to the Letters received
from the Speaker of the Hon ble House of Burgesses of Virginia & the
Speaker of the Hon ble House of Represent 8 of the Colony of Rhode Island,
also a Circular letter to the speaker of the several other Houses of Assembly
on this Continent Endorsing the- aforesaid Resolves and requesting them to
lay the same before their respective Assemblies in Confidence that they will
readily & chearfully comply with the wise & salutary Resolves of the House
of Burgesses of Virginia. Then the House immediately made choice of the
following Gentlem' 1 to be the Com toe of Correspondence & communication
[p. 178.] with the other Colonies, viz. Mr. Speaker, Mr. Samuel Adams, the
Hon ,,le John Hancock, Esq 1 '., Mr. Win. Phillips, ('apt. William Heath, the
Hon l>1 Joseph Hawley, Esq., the Hon bU - James Warren, Esq 1 ., Richard Derby
jun r , Esq'', Mr. Elbridge Gerry, Jerahmeel Bowers, Esq 1 ', Jedediah Foster
Esq r , Daniel Leonard, Esq 1 . Capt. Thomas Gardner, Capt. Jonathan Green -
Ieaff<& James Prescott, Esq 1 '.

A true Copy Sam 1 Adams, Cler.

Entered according to Baid copy pr William Parker of the Assembly.

1774. J JOURNAL OP THE HOUSE. 355

Answer to the foregoing by Hon. John Wentworth, Speaker of
the House of Representatives of New Hampshire,

Portsmouth, New Hampshire, Feby 7 th 1774.

By Reason of several Prorogations the House of Eeprese ts of this Province
have not had an earlier opportunity of consulting together Since the Receipt
of your letter & the Resolves accompanying the same of the 3 d of June
last, the Contents of which they now observe highly approving & concurring
therewith.

By the best Intelligence we can obtain it appears that the British ministry
are Resolved in a great Degree if not fully to Enslave the Inhabitants of the
Colonies in America subject to the Crown of Great Britain, if by any means
they can effect it, which much concerns the Americans to withstand and Pre-
vent. The proposed method of union in all the Colonies hath ever appeared
to us since the first Recommendation t